The Intent of the Second Amendment Now that gun bans in Washington, D.C., are under Supreme Court review, the court must confront a crucial question: Is there an individual right to bear arms? Nearly no one argues that the Fourth Amendment right of “the people” to be free from unreasonable searches and seizures should not apply as an individual right. Yet where the same language appears in the Second Amendment, affirming the right of “the people” to keep and bear arms, many gun control advocates contend that there is no individual right at stake. Instead, they argue that the Second Amendment protects a collective right, one enjoyed by the respective states’ National Guard units.
According to a new op-ed by Independent Institute Senior Fellow and legal scholar Stephen P. Halbrook, however, “These attempts to deconstruct ignore that ‘the people’ means you and me, not the states, and that no ‘right’ exists to do anything in a military force—a militiaman does what is commanded.” Gun control proponents also neglect American history. After the American Revolutionary War, “Antifederalists protested that [the newly framed Constitution] included no declaration of rights and would allow deprivation of rights like free speech and keeping arms. James Madison responded in The Federalist that a declaration was unnecessary, in part because of ‘the advantage of being armed, which the Americans possess over the people of almost every other nation.”
A Bill of Rights was ratified to keep the new U.S. government limited and the American people free. Violations of the right to bear arms were a key grievance the colonists had against the British Crown. It is unimaginable that the Founders would have trusted government with control over individual weapons ownership. In the forthcoming Supreme Court deliberations, Halbrook hopes that “the Justices will be mindful of the Founders’ intent and will recognize that the Second Amendment is every bit a part of the Bill of Rights as is the First.”
“Our Second Amendment: The Founders’ Intent,” by Stephen P. Halbrook (12/06/07)
Spanish Translation That Every Man Be Armed: The Evolution of a Constitutional Right, by Stephen P. Halbrook