Posted by
Pscyclone on Thursday, March 15, 2007 9:10:19
Introduction
Gun!
Said in the wrong crowd or in the wrong manner, the speaker of this word would find themselves detained, if not arrested. This tiny, three-letter word elicits remarkably polar reactions from any who hear it, for the conviction runs deep on all sides of the issue it represents. The issue, of course, is the Second Amendment to the Constitution of the United States. Whereas the Fourteenth Amendment has the “honor” of being the most litigated, the fervor surrounding the Second Amendment casts long shadows over the debate surrounding all other Amendments.
This paper will attempt to get to the heart of only a handful of the arguments and positions surrounding the Second Amendment and private firearm ownership. It will briefly cover the text and history of the Amendment and its effects on modern-day life. Also, it will discuss the emotion and passion from the two main sides of private firearm ownership (pro vs. con) and how the media reports on events regarding this issue. Too, it will analyze some of the Supreme Court decisions that have had an impact on the Second Amendment and bills that are currently before Congress. For conclusion this paper will suggest some ways to approach and consider the Second Amendment and offer a final analysis.
History
Originally, the Constitution was ratified by nine of the thirteen American colonies without any Amendments. Anti-Federalists were deeply concerned that there were no specifically outlined civil liberties in the Constitution and no individual protection from the federal government. In a compromise between Federalists and Anti-Federalists, ten Amendments were proposed, the “Bill of Rights,” and were added to the Constitution in 1789 (Gooch 803). Ratification did not come until 1791 (ibid).
The wording of the Amendment has been the cause for much misunderstanding and debate, calling into question the motivation of the Constitutional Framers and their intent. The Second Amendment reads, “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.” On the one side, there is the camp that suggests firearm ownership is a collective right, that is, only State Militias or some equivalent (e.g. the National Guard) are protected under this Amendment (Brady). On the other, is the camp that suggests firearm ownership is a singular right and that lawful, private citizens are protected (NRA). Others suggest the general atmosphere of the day was anti-firearm, postulating that the “gun-culture” of this country is a myth rooted in tradition instead of fact (Brady). In any case, it is best to let the Framers and citizens of that era speak for themselves.
Thomas Jefferson, third President of the United States and author of the Declaration of Independence had much to say about nearly every facet of the Constitution. Quoting Cesare Beccaria, an eighteeth century criminologist, Jefferson wrote in his book, Commonplace Book (SAF):
"Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man" (emphasis added) (Beccaria).
Samuel Adams, a well-known political activist of his time, was one of the organizers of the “Committees of Correspondence” and a leader of the “Sons of Liberty” (Gooch 37-8). During the Massachusetts Constitution Ratification Convention in 1788, Adams said:
"The said Constitution [shall] be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms” (emphasis added) (Halbrook).
In Federalist No. 46, writing under the nom-de-plume “Publis,” James Madison justifies private firearm ownership as a necessary measure against a standing army controlled by a strong, central government. Madison wrote:
“This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of” (emphasis added) (Publis).
The significance of the Second Amendment is also underscored by its placement in the Bill of Rights. To be certain, all civil liberties are precious and there is none “more sacred” than another. But when one considers how the Bill of Rights was ordered, the implication is that private firearm ownership was very important to the Framers. It is second only to the freedoms of speech, press, and religion, and it precedes the freedoms from unlawful quartering of soldiers, search and seizure, self-incrimination, trial by jury with appropriate representation, and cruel and unusual punishment. To be second place on a list of ten implies such consequence that it cannot be ignored.
((Author's note: This concludes Part I. Click here for Part II.))
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Works Cited / BibliographyBeccaria, Cesare. “Of false Ideas of Utility.” Of Crimes and Punishments. 1788. Bell, R. 08 Apr 2004. http://www.constitution.org/cb/crim_pun40.htm
Berggren, Kris. “Fear-rooted gun culture kills before shot is fired.” National Catholic Reporter 06 Jun. 2003: 20. Academic Search Premier. EBSCOHost. M.M. Bennett Lib., St. Petersburg College. 19 Feb. 2003.
Brady. “The Second Amendment.” bradycampaign.org. 2004. The Brady Campaign To Prevent Gun Violence. 19 March 2004. http://www.bradycampaign.org/facts/issues/?page=second
Cox, Chris. “Mr. & Mrs. America, turn them all in.” National Rifle Association Institute for Legislative Action. 20 Jan. 2004. 19 Feb. 2004.http://www.nraila.com/issues/Articles/Read.aspx?ID=114
Docs. “Transcript of Dredd Scott v. Sanford (1857).” ourdocuments.gov. 2004. 08 Apr. 2004.http://www.ourdocuments.gov/doc.php?flash=true&doc=29&page=transcript
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Gooch, Robert Kent, O’Connor, Karen, and Larry J. Sabato. American Government: Continuity and Change. 2004 ed. New York: Pearson Longman, 2004.
GPO. “Second Amendment: Bearing Arms.” gpoaccess.gov. 1996. Government Printing Office. 08 Apr. 2004.http://www.gpoaccess.gov/constitution/html/amdt2.html
Halbrook, Stephen P. “The Right of the People or the Power of the State: Bearing Arms, Arming Militias, and the Second Amendment,” 26 Valparaiso University Law Review. (1994): 131-207. http://www.stephenhalbrook.com/law_review_articles/power.PDF
Interlution. “Famous Quotes.” famousquotes.com. 2003. Interlution. 15 Mar.2004.http://famousquotes.com/Show.php?_id=1053677
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NRA.org. 2004. National Rifle Association. 06 Mar. 2004.http://www.nra.org
NRAILA. “Good Riddance to the Clinton Gun Ban.” nraila.com. 2004. National Rifle Association Institute for Legislative Action. 17 Mar. 2004http://www.nraila.com/Issues/FactSheets/Read.aspx?ID=158
Poe, Richard. The Seven Myths of Gun Control. New York: Three Rivers Press, 2001.
Publius. “The Influence of the State and Federal Governments Compared.” The Federalist Papers: Federalist No. 46. 1788. 08 Apr. 2004http://lcweb2.loc.gov/const/fed/fed_46.html
SAF. “Quotes of the Founding Fathers & Their Contemporaries.” SAF.org. 2001. Second Amendment Foundation. 08 Apr. 2004 http://www.saf.org/pub/rkba/general/FoundersQuotes.htm
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“Targeting the Second.” ABA Journal. 28. Academic Search Premier. EBSCOHost. M.M. Bennett Lib., St. Petersburg College. 19 Feb. 2003.
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