Prof. Eugene Volokh, UCLA Law School *
I. Text of the Second Amendment and Related Contemporaneous Provisions II. Calls for the Right to Keep and Bear Arms from State Ratification Conventions III. "The Right of the People" in Other Bill of Rights Provisions IV. Some Other Contemporaneous Constitutional Provisions With a Similar Grammatical Structure V. 18th- and 19th-Century Commentary A. William Blackstone, Commentaries on the Laws of England (1765) B. St. George Tucker, Blackstone's Commentaries (1803) C. Joseph Story, Commentaries on the Constitution of the United States (1833) D. Thomas Cooley, General Principles of Constitutional Law (1880) VI. Supreme Court Cases A. United States v. Miller, 307 U.S. 174 (1939) B. Dred Scott v. Sandford, 60 U.S. 393, 416-17, 449-51 (1857) C. United States v. Cruikshank, 92 U.S. 542, 551 (1876) D. Presser v. Illinois, 116 U.S. 252, 264-66 (1886) E. Logan v. United States, 144 U.S. 263, 286-87 (1892) F. Miller v. Texas, 153 U.S. 535, 538-39 (1894) G. Dissent in Brown v. Walker, 161 U.S. 591, 635 (1896) (Field, J., dissenting) H. Robertson v. Baldwin, 165 U.S. 275, 280 (1897) I. Maxwell v. Dow, 176 U.S. 581, 597 (1900) J. Trono v. United States, 199 U.S. 521, 528 (1905) K. Twining v. New Jersey, 211 U.S. 78, 98 (1908) L. United States v. Schwimmer, 279 U.S. 644 (1929) M. Dissent in Adamson v. California, 332 U.S. 46, 78 (1947) (Black, J., dissenting) N. Johnson v. Eisentrager, 339 U.S. 763, 784 (1950) (Jackson, J., for the majority) O. Knapp v. Schweitzer, 357 U.S. 371, 378 n.5 (1958) (Frankfurter, J., for the majority) P. Konigsberg v. State Bar, 366 U.S. 36, 49 & n.10 (1961) (Harlan, J., for the majority) Q. Dissent in Adams v. Williams, 407 U.S. 143, 149-51 (1972) (Douglas, J., dissenting, joined by Marshall, J.) R. Lewis v. United States, 445 U.S. 55, 65 (1980) S. United States v. Verdugo- Urquidez, 494 U.S. 259, 265 (1990) T. Casey v. Planned Parenthood, 505 U.S. 833, 848 (1992) (dictum) U. Concurrence in Printz v. United States, 521 U.S. 898, 938-939 (1997) (Thomas, J., concurring) V. Dissent in Muscarello v. United States, 524 U.S. 125, 143 (1998) (Ginsburg, J., joined by Rehnquist, C.J., and Scalia and Souter, JJ.) VII. Relevant Statutes A. Militia Act of 1792 B. The currently effective Militia Act C. The Freedmen's Bureau Act (1866) D. The Firearms Owners' Protection Act (1986) VIII. Other Materials IX. State Constitutional Right to Keep and Bear Arms Provisions (Current and Superseded) A. Sorted by state, though including both current and superseded provisions B. Sorted by date, from 1776 to the present
These materials can be useful for discussing how the Second Amendment ought to be interpreted. I intentionally include more materials here than any teacher will likely use, to give people flexibility in picking and choosing.
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.
English Bill of Rights: That the subjects which are protestants may have arms for their defence suitable to their conditions and as allowed by law (1689). 1
Connecticut: Every citizen has a right to bear arms in defense of himself and the state (1818). 2
Kentucky: [T]he right of the citizens to bear arms in defense of themselves and the State shall not be questioned (1792). 3
Massachusetts: The people have a right to keep and to bear arms for the common defence (1780). 4
North Carolina: [T]he people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power (1776). 5
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Sources on the Second Amendment and Rights to Keep and ...
- The Second Amendment was ratified to preserve slavery - July 12th, 2016 [July 12th, 2016]
- Minn. police shooting reignites debate over Second Amendment ... - July 12th, 2016 [July 12th, 2016]
- The Right to Bear Arms - July 12th, 2016 [July 12th, 2016]
- Second Amendment Basics | Law Center to Prevent Gun Violence - July 3rd, 2016 [July 3rd, 2016]
- The Second Amendment, the Bill of Rights, and the ... - June 25th, 2016 [June 25th, 2016]
- The Second Amendment Is About Revolution - June 25th, 2016 [June 25th, 2016]
- Don't Bank On The Supreme Court To Clarify The Second ... - June 16th, 2016 [June 16th, 2016]
- Why It's Time to Repeal the Second Amendment - June 14th, 2016 [June 14th, 2016]
- there is no Second Amendment protection for ... - cnn.com - June 10th, 2016 [June 10th, 2016]
- Hillary Clinton wavers on Second Amendment right to bear arms ... - June 7th, 2016 [June 7th, 2016]
- Politics & 2nd Amendment Archives - Guns.com - May 25th, 2016 [May 25th, 2016]
- Second Amendment - lawbrain.com - May 20th, 2016 [May 20th, 2016]
- Second Amendment Sports - Bakersfield, CA - Yelp - April 18th, 2016 [April 18th, 2016]
- Second Amendment - Conservapedia - October 20th, 2015 [October 20th, 2015]
- Second Amendment | Fox News - October 20th, 2015 [October 20th, 2015]
- The Second Amendment Is a Gun-Control Amendment - October 4th, 2015 [October 4th, 2015]
- Clinton at private fundraiser: SCOTUS is wrong about the ... - October 4th, 2015 [October 4th, 2015]
- Obama Mocks Second Amendment Supporters For Crack Pot ... - October 4th, 2015 [October 4th, 2015]
- Second Amendment - September 25th, 2015 [September 25th, 2015]
- 7th Circuit Court: Illegal Immigrants Have Second ... - August 29th, 2015 [August 29th, 2015]
- Court Rules Illegal Aliens Have Second Amendment Rights ... - August 27th, 2015 [August 27th, 2015]
- Second Amendment - Text, Origins, and Meaning - July 12th, 2015 [July 12th, 2015]
- Second Amendment : Pictures, Videos, Breaking News - July 9th, 2015 [July 9th, 2015]
- Twenty-second Amendment to the United States Constitution - May 30th, 2015 [May 30th, 2015]
- Second Amendment | Wex Legal Dictionary / Encyclopedia ... - May 28th, 2015 [May 28th, 2015]
- Brantley Gilbert Inks His Love For The Second Amendment ... - May 13th, 2015 [May 13th, 2015]
- 2nd Amendment advocates push to repeal switchblade, other ... - May 12th, 2015 [May 12th, 2015]
- 2015 NRA Convention Interview with Michigan 2nd Amendment Supporters - Video - April 14th, 2015 [April 14th, 2015]
- Second Amendment Youth Leadership Conference Wrap-Up - Video - April 14th, 2015 [April 14th, 2015]
- PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK - Video - April 14th, 2015 [April 14th, 2015]
- Second Amendment - Web Mashup for Second, Amendment ... - April 14th, 2015 [April 14th, 2015]
- Six takeaways from the NRA convention - April 13th, 2015 [April 13th, 2015]
- More than 70,000 people attended event - April 13th, 2015 [April 13th, 2015]
- RIGHT TO BEAR ARMS? Police grabs of legal guns on the rise across US - April 13th, 2015 [April 13th, 2015]
- The Death of the Second Amendment - Video - April 12th, 2015 [April 12th, 2015]
- Ben Carson Speaks on Second Amendment at NRA Leadership Forum - Video - April 12th, 2015 [April 12th, 2015]
- As Scott Walker addresses NRA, concealed carry vote criticized - April 12th, 2015 [April 12th, 2015]
- GUN RIGHTS UNDER FIRE Illegal police grabs of legal firearms rising nationwide - April 12th, 2015 [April 12th, 2015]
- Colt 1911 Gold Cup Pistol for Sale - Video - April 11th, 2015 [April 11th, 2015]
- Some Conservative Lawmakers Working To Roll Back Gun Restrictions - Second Amendment - Video - April 11th, 2015 [April 11th, 2015]
- Teaching the Bill of Rights: The Second Amendment - Part One - Video - April 11th, 2015 [April 11th, 2015]
- SUNSET ON THE SECOND AMENDMENT 1080p - Video - April 11th, 2015 [April 11th, 2015]
- Donald Rumsfeld, former Secretary of Defense - Video - April 11th, 2015 [April 11th, 2015]
- GOP hopefuls flock to NRA cattle call - April 11th, 2015 [April 11th, 2015]
- Nevada Panel OKs Bill to Create Pro-Second Amendment License Plates - April 11th, 2015 [April 11th, 2015]
- NRA wants more than 'Second Amendment' - April 11th, 2015 [April 11th, 2015]
- Is encryption the Second Amendment for the Internet? - April 11th, 2015 [April 11th, 2015]
- Rand Paul calls NRA snub 'petty' - April 11th, 2015 [April 11th, 2015]
- The truth about the NRA's snub of Rand Paul - April 11th, 2015 [April 11th, 2015]
- Backing Out Sun Trust Bank Terminates Gun Shop's Accounts Second Amendment Fox & Friends - Video - April 8th, 2015 [April 8th, 2015]
- 2nd Amendment Keychain - RTBA - Video - April 8th, 2015 [April 8th, 2015]
- Dr. Rand Paul on the Second Amendment - Video - April 8th, 2015 [April 8th, 2015]
- 4.7.15 | Second Scoop: Justice in Jersey, Detroit's Top Cop & CCW, Clear Channel Controversy - Video - April 8th, 2015 [April 8th, 2015]
- Second Amendment Foundation Takes Case Of Arizona Navy Vet ... - April 8th, 2015 [April 8th, 2015]
- State GOP lawmakers look to roll back gun restrictions after midterm wins - VIDEO: Pols work to roll back gun ... - April 8th, 2015 [April 8th, 2015]
- NRA Convention Coming To Nashville This Week - April 8th, 2015 [April 8th, 2015]
- Two Charter Amendments to Be Voted on During Dundee Election - April 7th, 2015 [April 7th, 2015]
- State GOP lawmakers working to roll back gun restrictions after midterm wins - April 7th, 2015 [April 7th, 2015]
- GUN RIGHTS BATTLES GOP state legislators seek to ease gun codes - April 7th, 2015 [April 7th, 2015]
- SAF Takes Case of Arizona Navy Vet Whose Guns Were Seized - April 7th, 2015 [April 7th, 2015]
- Second Amendment Hoodie | Spreadshirt | ID: 101726003 - April 5th, 2015 [April 5th, 2015]
- Colt Commander Pistol for Sale - Video - April 3rd, 2015 [April 3rd, 2015]
- SCLC calling on blacks to Exercise Second Amendment Rights - Video - April 3rd, 2015 [April 3rd, 2015]
- District Drops Appeal Of SAF Concealed Carry Victory - April 3rd, 2015 [April 3rd, 2015]
- SCLC president suspended after comments regarding 2nd Amendment - April 3rd, 2015 [April 3rd, 2015]
- BladeFit and 2A Rights. Second Amendment rules! - Video - April 2nd, 2015 [April 2nd, 2015]
- SCLC suspends Georgia Chapter President for call to bear arms - April 2nd, 2015 [April 2nd, 2015]
- SCLC calling on blacks to "Exercise Second Amendment Rights" - March 31st, 2015 [March 31st, 2015]
- House approves amended re-homing bill - March 31st, 2015 [March 31st, 2015]
- David Mierswa Second Amendment Part 2 - Video - March 29th, 2015 [March 29th, 2015]
- Second Amendment in the 21st Century / New York Ideas 2014 - Video - March 29th, 2015 [March 29th, 2015]
- Campus Carry Talk, How the Second Amendment Applies to Campus Carry - Video - March 29th, 2015 [March 29th, 2015]
- Bearing ArmsRubio, Jordan File "Second Amendment ... - March 29th, 2015 [March 29th, 2015]
- Sen. Rubio, Rep. Jordan propose repealing D.C. gun control laws - March 28th, 2015 [March 28th, 2015]
- SD Attorney General Urges ATF to Respect Second Amendment - Video - March 27th, 2015 [March 27th, 2015]
- The second amendment explained to #gunsense supporters - Video - March 27th, 2015 [March 27th, 2015]
- Who's Going After D.C.'s Gun Laws? Marco Rubio Edition. - March 27th, 2015 [March 27th, 2015]
- Giveaway Prizes for April 7 2015 - Video - March 26th, 2015 [March 26th, 2015]
- Rant on guns - Video - March 26th, 2015 [March 26th, 2015]
- Second Amendment Shirts - Video - March 25th, 2015 [March 25th, 2015]