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The Second Amendment, A Well Reasoned Interpretation


© Vincent E. Martin

Prologue

The second Amendment to the Constitution of the United States of America was recently interrupted by the Attorney General of these United States to mean that every American has the unfettered right to keep and bear arms. Never-mind that this interpretation flies in the face of over 150 years of precedent set by the United States Supreme Court that says just the opposite; namely that the second Amendment applies only to those who are a part of regulated and organized state-run militia. Needless to say, I agree with the Supreme Court and offer below in two-part a well-reasoned interpretation of the 2nd Amendment based on historical record. Here now is part one:

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.2nd Amendment to the Constitution of the United States.

Those words, part of the Bill of Rights1 have been interpreted to mean many things to many people over the 214 years they have been in force. But, what did the drafters of the Federal Constitution really mean when they penned them? What is a “well-regulated” Militia, and what constitutes a “free State?” And what does that mean for the average citizen of these United States? Do Americans by virtue if the Second Amendment enjoy an unfettered right to keep and bear arms?

In order to fully understand the 2nd Amendment, it must be looked upon as two separate statements, each co-dependant on the other. So lets break it apart and look at each statement independent of the other, then put them together again. In this way we can paint a picture of the true meaning of the Amendment. A well-regulated Militia, being necessary to the security of a free State. Lets break the above statement into its two key component parts: A well-regulated Militia and [S]ecurity of a free State.

A well-regulated Militia: When the Constitution was drafted and signed in the late 18th century, the United States had no standing Army to call upon to protect the newly formed Republic and her many states. Since the time of the formation of the Colonies, private citizens, most of them farmers, artisans, engineers, craftsman, seaman, etc., were called upon to defend their settlements from threats from without. The Colonial governments had neither the mandate nor the finances to equip a standing Army, so it fell to the citizenry to equip themselves for defense or war.

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Here's the follow-up discussion on this article: View all related messages

3.   Sep 7, 2001 11:17 AM
In response to message posted by vemartin:

Originally, local militia units were made up of individual citizens of the r ...


-- posted by BrianTubbs


2.   Sep 6, 2001 12:11 PM
In response to message posted by BrianTubbs:

Brian,

Thank you for the accolades. If the National Guard does not fil ...


-- posted by vemartin


1.   Sep 3, 2001 8:51 AM
Vincent,

I don't agree with all your conclusions here, namely that the National Guard fulfills the original vision the Founders had of "well-regulated" state militias. But this article nevertheles ...


-- posted by BrianTubbs





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