In 1803 a distinguished Virginia jurist named St. George Tucker published the first extended analysis and commentary on the recently adopted U.S. Constitution. Though it is mostly forgotten today, Tucker's View of the Constitution of the United States was a major work in its time. In the early decades of the nineteenth century, generations of lawyers and scholars would reach for Tucker's View as a go-to constitutional law textbook.
I was reminded of Tucker's dusty tome in recent days after reading one liberal pundit after another smugly assert that the original meaning of the Second Amendment has nothing whatsoever to do with individual rights. Slate's Dahlia Lithwick, for example, denounced the individual rights interpretation of the Second Amendment as a "a hoax" peddled in recent years by the conniving National Rifle Association. Likewise, Rolling Stone's Tim Dickinson complained that "the NRA's politicking has warped the Constitution itself" by tricking the Supreme Court into "recast[ing] the Second Amendment as a guarantee of individual gun rights."
Old St. George Tucker never encountered any "politicking" by the NRA. A veteran of the Revolutionary war and a one-time colleague of James Madison, Tucker watched in real time as Americans publicly debated whether or to ratify the Constitution, and then watched again as Americans debated whether or not to amend the Constitution by adopting the Bill of Rights. Afterwards Tucker sat down and wrote the country's first major constitutional treatise. And as far Tucker was concerned, there was simply no doubt that the Second Amendment protected an individual right to arms. "This may be considered as the true palladium of liberty," Tucker wrote of the Second Amendment. "The right of self-defense is the first law of nature."
The individual rights interpretation of the Second Amendment was widely held during the founding era. How do we know this? Because the historical evidence overwhelmingly points in that direction. For example, consider the historical context in which the Second Amendment was first adopted.
When the Constitution was ratified in 1789 it lacked the Bill of Rights. Those first 10 amendments came along a few years later, added to the Constitution in response to objections made during ratification by the Anti-Federalists, who wanted to see some explicit protections added in order to safeguard key individual rights. As the pseudonymous Anti-Federalist pamphleteer "John DeWitt" put it, "the want of a Bill of Rights to accompany this proposed system, is a solid objection to it."
Library of CongressJames Madison, the primary architect of the new Constitution, took seriously such Anti-Federalist objections. "The great mass of the people who opposed [the Constitution]," Madison told Congress in 1789, "dislike it because it did not contain effectual provision against encroachments on particular rights." To remove such objections, Madison said, supporters of the Constitution should compromise and agree to include "such amendments in the constitution as will secure those rights, which [the Anti-Federalists] consider as not sufficiently guarded." Madison then proposed the batch of amendments that would eventually become the Bill of Rights.
What "particular rights" did the Anti-Federalists consider to be "not sufficiently guarded" by the new Constitution? One right that the Anti-Federalists brought up again and again was the individual right to arms.
For example, Anti-Federalists at the New Hampshire ratification convention wanted it made clear that, "Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion." Anti-Federalists at the Massachusetts ratification convention wanted the Constitution to "be never construed...to prevent the people of the United States, who are peaceable, from keeping their own arms."
Meanwhile, in the Anti-Federalist stronghold of Pennsylvania, critics at that state's ratification convention wanted the Constitution to declare, "that the people have a right to bear arms for the defense of themselves and their own State, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals."
One of the central purposes of the Second Amendment was to mollify such concerns by enshrining the individual right to arms squarely within the text of the Constitution. Just as the First Amendment was added to address fears of government censorship, the Second Amendment was added to address fears about government bans on private gun ownership.
Like it or not, the idea that the Second Amendment protects an individual right is as old as the Second Amendment itself.
Continue reading here:
The Second Amendment, the Bill of Rights, and the ...
- 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 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]
- Ensuring the Second Amendment Protections - Video - March 25th, 2015 [March 25th, 2015]