Originally published May 7, 2014 at 7:05 PM | Page modified May 8, 2014 at 12:02 AM
History, politics and law are all tangled up in contemporary court interpretations and public understanding of the Second Amendment, and politics is the greater part of the mix these days.
Last week, I wrote that weve so misread the amendment that maybe we ought to get rid of it. Thats certainly not on the horizon, but the idea drew a strong response and suggested to me that a review of the amendments history might be helpful. (Some of the responses also reinforced my belief there are many people who should not be allowed anywhere near a gun. What does racist name calling have to do with gun rights anyway?)
One theme that ran through comments supportive of unrestricted gun-ownership rights was that it is necessary for individuals to own guns to protect themselves against both crime and the U.S. government, and that the framers of the Constitution intended for the amendment to protect that individual right.
Thats a new way of reading the amendment.
I heard from Michael Schein, an attorney who handles appeals and who taught American legal history for 15 years at the University of Puget Sound and Seattle University.
Dont blame the framers, he wrote. For 217 years, the law under the 2nd Amendment was that it only protected possession or use of a firearm by well-regulated militia forces. ... It contained no right of personal self-defense until 2008, when the Supreme Court in a 5-4 vote brought that interpretation to its ruling in District of Columbia v. Heller, which limited the Districts gun-regulation law.
Wednesday I called Schein, and we talked about the amendments history and current interpretation. Its heavily politicized and wrapped up in peoples emotions, so its difficult to get to the facts underlying it in any objective way, he said.
The Constitution was written to create a more effective federal government, but some people worried the government would trample on the rights of states and individuals. The Bill of Rights was intended to mollify them and make ratification of the Constitution possible. Some were particularly concerned that the federal government would form a standing army, and they wanted assurances that state militias would be in a position to fight against such an army if it came to that.
James Madison was tasked with drafting the amendments. Some of the states had asked for a personal right in one amendment, but he didnt include that. Instead he used a version of Virginia law that dealt with militias.
Read the original:
Second Amendment in real time boils down to politics
- Assemblyman Tim Donnelly Introduces Sweeping Handgun Carry License Reform Bill AB 1563 - April 26th, 2014 [April 26th, 2014]
- Ex-Supreme Court justice pushes gun grab, 2nd Amendment rewrite - April 26th, 2014 [April 26th, 2014]
- Party of guns: 2016ers speak to NRA - April 26th, 2014 [April 26th, 2014]
- Michigan 2014 Second Amendment March - Video - April 26th, 2014 [April 26th, 2014]
- Georgia Governor Signs Law Allowing Firearms In Public Places - Andrew Napolitano - Stuart Varney - Video - April 26th, 2014 [April 26th, 2014]
- Tony DeTora's Second Amendment Commitment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Man Drug PSA - Video - April 26th, 2014 [April 26th, 2014]
- Do you exercise your Second Amendment Rights while riding? - Video - April 26th, 2014 [April 26th, 2014]
- Kira Davis - My 2nd Amendment Story - Video - April 26th, 2014 [April 26th, 2014]
- Gabby Franco for NRA News: "Freedoms Are Not Untouchable" - Video - April 26th, 2014 [April 26th, 2014]
- SafeandVaultStore GS592820 Second Amendment Gun Safe - Video - April 26th, 2014 [April 26th, 2014]
- Oathbreaking Tyrant: Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Dear LiberalViewer: Second Amendment Response - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- God & The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Amend The Second Amendment? - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens on the Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- CCRW Televised Forum - Mental Health, Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Obama lying supporting second amendment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Rally Saturday - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment and other t-shirts support the cause - Video - April 26th, 2014 [April 26th, 2014]
- 2nd Amendment - Laws - April 27th, 2014 [April 27th, 2014]
- Second Amendment - U.S. Constitution - FindLaw - April 27th, 2014 [April 27th, 2014]
- Rep. Larry Pittman talks about Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- billkeyz talking about gun control the Second Amendment NRA - Video - April 27th, 2014 [April 27th, 2014]
- US Senate Candidates Iowa - Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- NRA leadership uses Bloomberg gun control push to rally members - April 28th, 2014 [April 28th, 2014]
- Open Carry Or Concealed Carry In California & Does The NRA Oppose - Video - April 28th, 2014 [April 28th, 2014]
- Greg Brannon Nuke Second Amendment right - Video - April 28th, 2014 [April 28th, 2014]
- SafeandVaultStore GS724027 Second Amendment Gun Safe - Video - April 28th, 2014 [April 28th, 2014]
- Supreme Court Gun Carry Rights; Drake v. Jerejian, Pending petition - Video - April 29th, 2014 [April 29th, 2014]
- Letter: NRA opposes reasonable responses - April 30th, 2014 [April 30th, 2014]
- Common sense calls for repeal of second amendment - May 1st, 2014 [May 1st, 2014]
- GUNS: Amendment words to fight over - May 1st, 2014 [May 1st, 2014]
- Gun lobby group receives open government award - May 1st, 2014 [May 1st, 2014]
- NFL Player Brags About Shooting a Skunk to NRA - Video - May 1st, 2014 [May 1st, 2014]
- Disgruntled Motel Owner Uses Second Amendment To Fight Government Officials #ZHG - Video - May 1st, 2014 [May 1st, 2014]
- Psychiatrists to push NWO gun control - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 at the Pennsylvania Capitol - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day Rally - Video - May 1st, 2014 [May 1st, 2014]
- Pyro Planet Second Amendment & Star Spangled Blast - Video - May 1st, 2014 [May 1st, 2014]
- Gun rights: Times have changed since the creation of the Second Amendment - May 1st, 2014 [May 1st, 2014]
- Billy Johnson for NRA News: "Infringed Rights" - Video - May 3rd, 2014 [May 3rd, 2014]
- Second Amendment group marches in El Paso - May 4th, 2014 [May 4th, 2014]
- The Second Amendment (Part 1 of 2) - Video - May 4th, 2014 [May 4th, 2014]
- New Jersey Gun-Carrying Limit Left Intact by High Court - May 5th, 2014 [May 5th, 2014]
- Supreme Court Wasnt Serious about the Second Amendment - May 5th, 2014 [May 5th, 2014]
- Staying away from guns and Gitmo - May 6th, 2014 [May 6th, 2014]
- US Supreme Court refuses to consider gun-rights case - May 6th, 2014 [May 6th, 2014]
- Success For Gun Owners & 2nd Amendment Defenders In 2014 - May 6th, 2014 [May 6th, 2014]
- Yen on Second Amendment - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment Shootout - Video - May 6th, 2014 [May 6th, 2014]
- Gun Depot USA Second amendment target shooting. - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment - Laws - May 8th, 2014 [May 8th, 2014]
- Alan Gottlieb Supporting Compromise of your Second Amendment Rights - Video - May 9th, 2014 [May 9th, 2014]
- Lawmakers divided on bill that restricts EBT use - May 10th, 2014 [May 10th, 2014]
- Defenseless Nigerian Men, No Second Amendment #BringBackOurGirls Boku Haram - Video - May 10th, 2014 [May 10th, 2014]
- The Second Amendment (Part 2 of 2) - Video - May 10th, 2014 [May 10th, 2014]
- Flawed argument I - May 11th, 2014 [May 11th, 2014]
- Minera Panama S.A. and Petaquilla Minerals Limited Sign $60 Million Agreement - May 11th, 2014 [May 11th, 2014]
- Interview Interrupted by State Highway Administrator - Video - May 12th, 2014 [May 12th, 2014]
- Lawmakers debate proposed EBT restrictions - Video - May 12th, 2014 [May 12th, 2014]
- N.J. Gov. Chris Christie under the gun over ammo bill, as White House beckons - May 13th, 2014 [May 13th, 2014]
- Guns and Supreme Court: Is Second Amendment a Privilege, Not a Right? - May 13th, 2014 [May 13th, 2014]
- Guns to be focus of rally - May 15th, 2014 [May 15th, 2014]
- DHS Says "Hands Off" VIP Terrorist - Video - May 15th, 2014 [May 15th, 2014]
- INFOWARS Nightly News: with David Knight Monday May 12 2014: Plus Special Reports - Video - May 15th, 2014 [May 15th, 2014]
- Gun rights advocates hope for convention impact - May 16th, 2014 [May 16th, 2014]
- Det Bowers on the Second Amendment - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V18 - AUDIO - THE RACIAL NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V17 - THE RACIAL-NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- The Second Amendment: A Biography - Video - May 16th, 2014 [May 16th, 2014]
- Knowing Your Rights.... Yes we have them! - Video - May 18th, 2014 [May 18th, 2014]
- The Second Amendment (Game) - Video - May 18th, 2014 [May 18th, 2014]
- We Have Rights! An Animation On The Second Amendment - Video - May 18th, 2014 [May 18th, 2014]
- Letter: 2nd amendment purposes - May 20th, 2014 [May 20th, 2014]
- Senator Ted Cruz's father Rafael Cruz on the Second Amendment - Video - May 20th, 2014 [May 20th, 2014]
- Chipotle Gun Ban Irks Second Amendment Activists - Video - May 21st, 2014 [May 21st, 2014]