The first clause of the 2nd amendment is not a restriction on the second. Because the second militia act of 1792 passed only a few months after the second amendment was written designated the composition of the militia as being. Many private militias are driven by the insurrection theory of the second amendment. Looking for the ideal militia patches to express yourself. The embarrassing second amendment yale law school legal. No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well regulated militia as requisite to the security of a free state. The second amendment has nothing to do with gun ownership. A wellregulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. 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. The abbreviated grammatical construction actually renders the meaning of the second amendment as.
The constitutional definition of militia and the second. A well regulated militia, being necessary to the security of a. The raison detre of the second amendment is immediately given in the initial dependent clause. But, there is a common misconception of those rights being perpetrated by the federal government. The militia acts of 1792 were a pair of statutes enacted by the second united states congress in 1792. A well regulated militia, being necessary to the security of a free state, the right of the people to. Lacey politicians reaffirm support of second amendment patch. We also are strong supporters of robert lavoy finicum, and the cowboys patriots. The court then considered the second amendments prefatory clause, a well regulated militia, being necessary to the security of a free state, and determined that while this clause announces a purpose for recognizing an individual right to keep and bear arms, it does not limit the operative clause.
The strongest argument for gun control is found in the 2nd amendment itself, which reads. It will be interesting to see how this argument stands up in court. It turns out theres a short answer and a long answer to this question. George mason, the history of the second amendment is rooted in english. If the second amendment is viewed in this historical light, that the militia and the people are meant to be one and the same, then the argument for individual gun rights become clear. High quality embroidered patches for every passion. Well regulated militia a 2nd amendment organization. Such language has created considerable debate regarding the amendments intended scope.
Contrary to the presidents misunderstanding of words, and the second amendment, substituting the word individuals for people. Whether the reason for the 2nd amendment is clear or not, i. A wellregulated militia blog cedar falls, ia patch. The amendment states, a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms. The reasoning behind the second amendment mhbentons blog.
Much like a volunteer fire department, membership would be voluntary but those who volunteered would be required to attend a basic training course similar to a police academy as well as bimonthly inservice and drills on a regular basis to maintain membership. Further, the amendment doesnt limit the power of state or local governments to regulate firearms. The origins of militia in the second amendment tenth. The acts provided for the organization of the state militias and provided for the president of the united states to take command of the state militias in times of imminent invasion or insurrection. What is the second amendment and what is a militia. Patriots first choice for american made custom patches. Why the citizen militia theory is the worst progun.
Is the president in command of the well regulated militia. The right to keep and bear arms is not said by the amendment to depend on the existence of a militia. On the one hand, some believe that the amendments phrase the right of the people to keep and bear arms creates an individual constitutional right for citizens of the united states. The second amendment consists of just one sentence. Private militias legal definition of private militias. All four clauses of section 17 are presented for internal context, which is examined below. If, as some may argue, that the second amendment s militia meaning, is that every person has a right to keep and bear arms. The only way to describe ones right as a private individual, is not as a militia but as a person the individual personality of a human being. We manufacture our own instead of out sourcing to china like most. Under this view, the second amendment grants an unconditional right to bear arms for selfdefense and for rebellion against a tyrannical governmentwhen a government turns oppressive, private citizens have a duty to insurrect, or take up arms against it. Levinson argues that the republican framers of the second amendment insisted. If i had to design a modern militia system it would begin at the county level and be entirely independent of the national guard. The militia and the right to arms, or, how the second.
What is the second amendment definition of a militia. Second amendment to the united states constitution wikipedia. A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be. 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. Therefore theyre attempting to dismantle it piece by piece, using this favorite talking point. Charlottesville lawsuit claims 2nd amendment does not. Second amendment wex us law lii legal information institute. After all, the second amendment does read in part a wellregulated militia, being necessary to the security of a free state rightbut we need to understand the definition of a militia. A well regulated militia, being necessary to the security of a free state, the right of. Amendment 2 according to the debates and the states submissions could read because a well regulated militia is necessary to the security of a free state further, the 2nd amendment is primarily to protect against federal tyranny and to prevent the creation of a standing army when coupled with article 1 section 8 which sections will. The second amendment in historical perspective paul finkelman a well regulated militia, composed of gentlemen freeholders, and other freemen, is the natural strength and only stable security of a free government. The second amendment 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.
The second amendment of the united states constitution reads. Since the adoption of these 27 words in 1791, it could be argued that no other constitutional amendment has been as violated at the local, state, and federal levels as the second amendment has been. The militia of the second amendment is a well regulated militia. The short answer becomes apparent as soon as we look at the actual text of the second amendment. The founders intended for the second amendment to apply to a formal militia only. The well regulation of the militia set forth in the second amendment was apart from that control over the militia exercised by congress and the president, which extended only to that part. The second amendment to the united states constitution states. This authority was used to suppress the whiskey rebellion in 1794.
But theyre going to have a tough time just writing it out of existence. Posted on june 3, 2017 june 8, 2017 by roger katz by roger j. They consist of now of the whole people, except a few public officers. No matter what youre looking for or where you are in the world, our global marketplace of sellers can help you find unique and affordable options. The second amendment is an anachronism washington monthly. A documentary history of the bill of rights in commentaries on liberty, free government, and an armed populace, 17871792 cited hereafter as origin, 2001, golden oak books, ontonagon, michigan, pp. The text of the second amendment which is found in the united states constitution and the bill of rights is the following. Etsy is the home to thousands of handmade, vintage, and oneofakind products and gifts related to your search.
Militia clause in the second amendment ammoland inc. Largest american made patriot back patch company in the united states. The intent of the second amendment is often debated. A well regulated militia, being necessary to the security of a free state, the. From slave patrol militias to school shootings the second amendment states. The second amendment amendment ii to the united states constitution protects the. A well regulated militia being necessary to the security of a. The american militia association supports we the people, the true sovereign rulers of the united states, who constitute the body of the militia as it was well understood to be defined by the founders of the constitution.
Well regulated militia is an organization dedicated to educating american citizens about their second amendment rights as they pertain to unorganized militias and the right to bear arms. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendments second clause declaring the right. Some passionately assert that the amendment protects an individuals right to own guns. Clearly the second amendment is not the only ignored patch of text in. The notion that an individual right to bear arms guarantees the american people against government tyranny is of course an old one. A well regulated militia, being necessary to the security of a free state, the right of the people to keep. A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear. Such a militia was one that was governed by what george washington called a well regulated militia law. Thats right, i said you have the right, not the privilege. Americans are deeply divided over the second amendment.
Their reading of the second amendment is that it gives the government the right to form a militia and not the people. The second novel argument was that the second amendment created a. In the case of the second amendment, it was to prevent any and all entities, including but not limited to all levels of government. 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. We will be organizing training events, discussing firearm policy and current events, creating howto instructions for lawfully making your own firearms. Neither a well regulated militia, being necessary to the security of a free state, nor the right of the people to keep and bear arms shall be infringed. So, about that wellregulated militia part of the constitution. It was made up of persons who under the law were liable to bear arms. The second amendment amendment ii to the united states constitution is the part of the united states bill of rights that protects the right to keep and bear arms.