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Meaning of "militia" in the Second Amendment is not limited to a well-regulated, state militia; it is all the people who stand able and willing to bear arms to defend their liberty

What America's Founders intended in the Second Amendment



What America's Founders intended in the Second AmendmentThe militia noted in the second amendment is a militia of all those able and willing to bear arms to defend their liberty. Today, discussion of the Second Amendment begins with two claims: Liberal, gun-control advocates focus on "A well-regulated militia, being necessary to the security of a free State," and argue that the right to bear arms only applies to those in a well-regulated militia. Conservatives emphasize "the right of the people to keep and bear Arms, shall not be infringed."
Why did the Founders include both statements in the Bill of Rights? When the Constitution went before the people for ratification, it was supported by the Federalists, while the Anti-federalists thought it gave too much power to the central government. Both sides agreed that all government, federal and state, presented a potential threat to people's liberty. The best way for the people to protect their liberty from government intrusion was with an armed, well-regulated militia. The idea of a state militia controlled, formed, and supplied by the state, was thought dangerous by some. These Select Militias, as they were called, were seen as just another standing army that might allow a state government to forcefully take away people's liberty. Some found it disturbing that the Constitution called for state militias to be activated by the central government to aid in defending the Union, if necessary. While the Founders thought Select Militias were necessary to protect the Union from invasion, they also saw that they also posed a potential threat to the people's liberty. Several quotes from the Founders suggested a solution was sought in the provision that all the people must be armed for protection against the potential tyranny of governments--both state and federal. Here are just four quotes to indicate their thinking: "A militia when properly formed are in fact the people themselves... and include all men capable of bearing arms. . . To preserve liberty, it is essential that the whole body of people always possess arms." Richard Henry Lee: Senator, First Congress "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." Thomas Jefferson

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"That the people have a Right to mass and to bear arms; that a well-regulated militia composed of the body of the people, trained to arms, is the proper natural and safe defense of a free state, that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided." George Mason "A militia, when properly formed, are in fact the people themselves. They include all men capable of bearing arms. To preserve liberty is essential that the whole body of people always possess arms and be taught alike how to use them." Thomas Jefferson Many statements from state conventions, debating the ratification of the Constitution, testify to the fear law makers had of standing armies, at the federal and state levels. So, the meaning of "militia" in the Second Amendment is not limited to a well-regulated, state militia; it is all the people who stand able and willing to bear arms to defend their liberty. "Essentially, a militiaman is any citizen in his capacity as a defender of the state. By 'state' we do not mean 'the government,' but a community of citizens in possession of a territory. If you defend yourself against a criminal attack, what you are really doing is not just defending yourself. You are calling up the militia, consisting of yourself, to defend a member of the community, also consisting of yourself, and thereby forming a militia of one." Jon Roland, Constitution Society, May 8, 1995.

The Founders and law makers believed that keeping and bearing arms is an individual right. "No Freeman shall ever be disbarred from the use of arms. Arms in the hands of citizens may be used at individual discretion in private self-defense." Thomas Jefferson "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms." Richard Henry Lee The right to bear arms as an individual right was confirmed by James Madison. In a speech before the House of Representatives at the first Congress, he proposed that words similar to the final wording of the Second Amendment be inserted into the Constitution, rather than come as an amendment. There were two places it could have been inserted: (1) Article I, section 9, concerning the rights that Congress cannot take from individuals, and (2) Article I, section 8, concerning the arming and training of state militias. Madison proposed (1), the section on individual rights, confirming that the Founders believed that the individual right to keep and bear arms is protected by the Constitution. Today, some argue that none of the above applies because state and federal firepower far surpasses that in the hands of the people. But the purpose for the Second Amendment is as valid today as when written. Although the public is armed with inferior weapons, attempts by any government, state or federal, to forcefully take away the liberty of the citizenry will not happen. The many millions of citizens that make up the "militia" are armed with weapons for sport and self-protection. And that militia is determined to defend and preserve its liberty should any government move to use force to take it away. Such was the intent of the Founders in the Second Amendment to the Constitution of the United States of America.


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Don Mellon -- Bio and Archives

Don Mellon wrote summaries for each of the 85 Federalist Papers for posting on the Texas-based website http://www.teaparty911.com.  Mellon has edited and contributed many articles about the intent of the Founders in drafting the U.S. Constitution, noting how states have surrendered their powers granted by the Constitution. He is a Vietnam-era military veteran, and holds a PhD in Physics from Iowa State University. Now retired from Texas Instruments, he lives in East Texas.  


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