Interpreting the Constitution: The 2nd Amendment
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"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."
How should the 2nd amendment be interpreted?
- Interpret based on present day circumstances
- Violence in society, new technology
- Tradition of guns for defense & sport
- Interpret based on original Intent of the founders
Militias
- Then composed of all the people, not always a part of the regular government
- Standing armies distrusted, often used for oppression
- Well-regulated militia--the term implies rules, not everyone doing their own thing
Bear arms
- A military phrase
- Note that 2nd amendment is right next to the 3rd which deals with quartering of soldiers
- People--the term implies individuals
2nd Amendment and the Supreme Court--U.S. vs. Miller (1939)
- National Firearms Act prohibited carrying sawed-off shotgun across state lines
- Miller convicted
- Contended Act unconstitutional based on 2nd Amendment
- Gun control advocates view the opinion as supporting their
position:
- Court said: “the obvious purpose of the 2nd Amendment is to (support) state militias”
- Gun rights advocates can interpret the opinion as supporting their
views:
- Court said: “No evidence that a sawed-off shotgun is necessary for militias.”
- The courts have provided little guidance as to how the 2nd Amendment should be interpreted
- The issue is political, with the NRA having had great influence
Copyright 2008,
by the Contributing Authors.
Cite/attribute Resource.
factpetersen. (2007, October 19). Interpreting the Constitution: The 2nd Amendment. Retrieved November 23, 2009, from Free Online Course Materials — USU OpenCourseWare Web site: http://ocw.usu.edu/university-studies/u-s-institutions/interpreting-the-constitution-the-2nd-amendment.
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