Background to the 2nd Amendment.
Not everyone approved of the first 10 amendments to the Constitution.
There are two principle versions of the Second Amendment: one version
was passed by Congress, while the other is found in the copies
distributed to each individual state and later ratified by them
As
passed by the Congress: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.
As ratified by the States: 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.
The Second Amendment Defined:
The
Second Amendment is a part of the Bill of Rights, which are the first
10 Amendments to the United States Constitution and the framework to
elucidate upon the freedoms of the individual. The Bill of Rights were
proposed and sent to the states by the first session of the First
Congress. They were later ratified on December 15, 1791.
The
first 10 Amendments to the United States Constitution were introduced by
James Madison as a series of legislative articles and came into effect
as Constitutional Amendments following the process of ratification by
three-fourths of the States on December 15, 1791.
Stipulations of the 2nd Amendment:
The Second Amendment to the United States Constitution protects the right of the individual to keep and bear firearms.
The
right to arm oneself is viewed as a personal liberty to deter
undemocratic or oppressive governing bodies from forming and to repel
impending invasions. Furthermore, the right to bear arms was instituted
within the Bill of Rights to suppress insurrection, participate and
uphold the law, enable the citizens of the United States to organize a
militia, and to facilitate the natural right to self-defense.
The
Second Amendment was developed as a result of the tyrannous rule of the
British parliament. Colonists were often oppressed and forced to pay
unjust taxes at the hand of the unruly parliament. As a result, the
American people yearned for an Amendment that would guarantee them the
right to bear arms and protect themselves against similar situations.
The Second Amendment was drafted to provide for the common defense and
the general welfare of the United States through the ability to raise
and support militias.
Court Cases Tied into the Second Amendment
In
District of Columbia v. Heller the Supreme Court ruled that the Second
Amendment protects an individual’s right to possess a firearm to use for
traditionally lawful purposes, such as defending oneself within their
home or on their property. The court case ruled that the Amendment was
not connected to service in a militia.
Controversy
The gun
debate in the United States widely revolves around the intended
interpretation of the Second Amendment. Those who support gun rights
claim that the founding fathers developed and subsequently ratified the
Second Amendment to guarantee the individual’s right to keep and bear
arms. Those who want more stringent gun laws feel that the founding
fathers directed this Amendment solely to the formation of militias and
are thus, at least by theory, archaic.
State Timeline for Ratification of the Bill of Rights
New Jersey:November 20, 1789; rejected article II
Maryland:December 19, 1789; approved all
North Carolina:December 22, 1789; approved all
South Carolina: January 19, 1790; approved all
New Hampshire: January 25, 1790; rejected article II
Delaware: January 28, 1790; rejected article I
New York: February 27, 1790; rejected article II
Pennsylvania: March 10, 1790; rejected article II
Rhode Island: June 7, 1790; rejected article II
Vermont: November 3, 1791; approved all
Virginia: December 15, 1791; approved all
