“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.” – 2^nd Amendment to the United States Constitution

It is important to preface any further discussion about the Second Amendment with the following: We do not live in a democracy where 51% of the people get to decide whether or not American citizens may own guns. We live in a republic that is ruled by law.

The law is the United States Constitution. When the people of the United States deem it necessary, they may (with a two-third majority vote from both the House of Representatives and the Senate) amend this document. The first ten amendments to the United States Constitution are called the Bill of Rights.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” –Declaration of Independence.

 

What did the Founder’s say about the Second Amendment? The first thing they said is quoted above. The only entitlement the Constitution grants us is the right to throw out bad governments and start new ones. Everything else is inherently ours, given by the grace of the Creator. I encourage the reader to consider the definition of grace. Grace is unmerited assistance. It is our duty to provide the rest of what we need to exist happily and freely.

 

Constitutional scholar and attorney, Dr. Edwin Vieira, gives a very clear report on what the Constitution offers. “Nothing other than a well-regulated militia is necessary for a free state.” According to Vieira, the Constitution does not say anything else is necessary for a free state. Not Congress, not the Presidency, not the Senate. A well-regulated militia is all we need to ensure a free state.

Dr. Vieira gives us a picture of what life was like when the Founder’s formed their opinions about the right to keep and bear arms. In Colonial times, the thirteen states (or colonies) all had laws about citizens owning weapons. The laws for the individual states were basically the same:

1). It was the duty of all free, white able-bodied males between the ages of 16 and 50 (or 60) to purchase and keep arms in their homes and on their person.

2). Firearms were to be bought and sold in the free-market.

3). Citizens could be fined for not being armed.

4). If you could not afford to purchase a firearm the state would provide one for you from the revenues collected from the fines just mentioned.

5). Weapons were exempt from state (government) seizure or confiscation.

6). Weapons were the same or better quality than the British Red Coat’s (the only standing army at that time).

Pre-Constitutional laws regarding militias are the laws that we have today. The Founder’s of the Constitution passed down the law regarding militias, they did not create a new law when they created the Constitution. Why? There was a revolution and war and creation of a new government! The militias were the only defense against standing armies of the time. This is still true today.

It is important to understand the differences between armed forces and militias. Here are just a few differences:

1). Armed Forces receive pay. Militia members are volunteers.

2). Armed Forces can be sent out of the United States. Militia members do not leave the States. It is important to note that standing armies are constitutionally prohibited from the United States. See Amendment 3 of the US Constitution.

3). Armed Forces Chain of Command ends with the President of the United States. Militia’s Chain of Command ends with the Governor.

There is controversy about our National Guard. Some say the National Guard is our Organized Militia. Others believe that because National Guardsmen and women are sent out of the United States the National Guard is a part of the United States Armed Forces. This writer is here to tell you that if this country is “of the people, by the people, and for the people,” the people of the United States must keep the discussion open.

Section 311 of US Code Title 10, entitled, “Militia: composition and classes” says;

 

(b) The classes of the militia are —
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of

the National Guard or the Naval Militia.

 

The point this writer is trying to make is this: We have a right to arm ourselves and our individual states are required to provide for and allow a militia, either organized or unorganized. Should the subject of the Second Amendment arise with the reader, it is this writer’s hope that individuals will remember that “the right to keep and bear arms” is only part of the statement that James Madison placed into the Bill of Rights. The big picture is of American’s being able to organize and protect themselves against armies and tyrants.

The writer of this article is neither a constitutional attorney nor a politician. This writer is a citizen who is deeply concerned about keeping liberty in the hands of the people, and out of the hands of politicians and tyrants.

References

The Constitution of the United States.

 

The Constitution of the State of Missouri.

 

The Federalist Papers, ed. Gary Wills (New York: Bantam Dell, 2003).

 

LaPierre, W. (2007). The Essential Second Amendment Guide. Fairfax, VA: Boru Publishing, Inc.

 

Vieira, Edwin (Lecturer), & National Heritage Center for Constitutional Studies (Producer). (2007). Principles of the Constitutional Militia [Video Lecture]. United States: New Hampshire Center for Constitutional Studies.

 

 

 

List of online resources:

 

 

The Second Amendment Foundation: http://www.saf.org/

The National Rifle Association: http://www.nra.org/

Gun Owners of America: http://www.gunowners.org/

This entry was posted on Friday, December 19th, 2008 at 11:58 am and is filed under Commentary, Second Amendment. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.