What was the intent of the authors of The Second Amendment? Would they modify the language if they could’ve foreseen the availability & lethality of modern weapon systems?
Guns are one of the most controversial & polarizing issues in our country. Some people passionately oppose guns; some passionately defend them. While there are undoubtedly corrupt people who seek to disarm citizens to secure their power, the vast majority of gun opponents are sensible & responsible people who are rightly disturbed by gun violence. Likewise, while there are certainly lunatics who would use guns for evil, the vast majority of gun proponents sincerely believe they are a primary means of ensuring personal safety as well as political liberty.
The Language of 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 central piece of legislation regarding firearms is The Second Amendment to the Constitution. It’s language, albeit aged, is clearly and strong, giving uninfringeable power both to regulated (i.e. exercised) militias (as opposed to a national army) and the individual person. One objection that might be the limiting factor in gun rights is – “What did the founding fathers have in mind?” What kind of weapons did they know about, and would they have wanted the populace to have the high-powered, fast-firing weapons that are available now?
The Authors of the Second Amendment
What did they have in mind when crafting & ratifying The Second Amendment? That the life of an individual, though it be costly, is a worthy sacrifice for the freedom of the nation.
While it’s enlightening to learn about specific contemporaneous weapon systems (e.g. canons, bombs, the Belton automatic rifle), it’s also revealing to consider the context of the founding fathers. The Second Amendment (along with the rest of the Bill of Rights) was passed in the first session of the first U.S. Congress. Some of the men of that first U.S. Congress were delegates to the First Continental Congress which adopted the Declaration of Independence. When they signed the Declaration of Independence they were putting their lives in jeopardy. If captured by the English, they would have been executed for treason. Other congressmen fought in the War for Independence – voluntarily laying their life on the line for the chance at freedom. Without exception every congressmen suffered personal loss in the war. The hearts of American Revolutionaries is well summarized in the closing line of the Declaration of Independence, “…We mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”
What did the founding fathers have in mind when crafting & ratifying The Second Amendment? That the life of an individual, though it be costly, is a worthy sacrifice for the freedom of the nation. That value wasn’t just rhetoric; it was forged in the war that vaporized possessions and that robbed parents of their sons, children of their dads, and wives of their husbands. They experienced the steep price of freedom (from tyrants foreign & domestic) and boldly legislated their belief that freedom is worth the cost.
I’m not saying all gun legislation is bad. I’m suggesting that we place a high premium on liberty, and we thank God for it. I’m suggesting that we hold our nation’s founders in high esteem, and we critically examine each legislation, policy or directive that affects it. I’m suggesting that we soberly count the cost of freedom and find it worthy.
I want to know your thoughts:
- Where would you draw the line for what weapons are available to the public?
- And what legislative boundaries could be enacted without infringing on the rights of the people?
- What (if any) role should militias play in our society?