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Mr Johnson said: "The first lesson really from today is that if Vladimir Putin was hoping he would be getting less Nato on his western front as a result of his unprovoked, illegal invasion of Ukraine, he's been proved completely wrong - he's getting more Nato. Boris Johnson has said Russian President Vladimir Putin would not have started the "crazy, macho" war in Ukraine if he were a woman. The Prime Minister also said that while G7 leaders "desperately" want the war in Ukraine to end, there is "no deal available".
Speaking after the G7 summit in Bavaria, Mr Johnson told German broadcaster ZDF: "If Putin was a woman, which he obviously isn't, but if he were, I really don't think he would've embarked on a crazy, macho war of invasion and violence in the way that he has.
Mr Johnson also said the G7 meeting had been "incredible" as leaders "got closer and closer". Vladimir Putin has "small man syndrome" and a "macho" view of the world, Defence Secretary Ben Wallace said. His comments came after Boris Johnson said the Russian leader's invasion of Ukraine was an example of "toxic masculinity" and a female president would not have made the same mistake. He added "you rarely hear the phrase small woman syndrome, you always hear small man syndrome".
If they want to paint themselves into a new history, they seem to think the way to do that is through violence and invasion. The UK sharply reduced oil imports from Russia in the immediate aftermath of the invasion of Ukraine, according to official figures. Refined oil includes petrol, diesel and heating oil, which have all seen prices spike following the conflict.
Defence Secretary Ben Wallace has reiterated his call for increased defence spending to counter the threat from Russia. Mr Wallace, who is attending the Nato summit in Madrid, said that while he had enough funding for the "here and now", extra investment was needed in the next Government spending round from the middle of the decade.
I think the invasion of Russia into Ukraine has changed that," he told Sky News. In the here and now we are rightly set. The question is what happens in the middle of the decade. Russia is very, very dangerous on the world stage. The world is less secure than it was two, three years ago and is not looking likely to change for the rest of the decade. Putin launched a deadly attack on a shopping centre in Kremenchuk, leading world leaders to criticise his actions.
Putin has lost his 56th colonel and 40 soldiers after they were hit by missiles supplied by the US. Paratrooper commander Col. Andrei Vasilyev, 49, was allegedly killed in the attack on Friday night. If confirmed, his death was one of the first from the new mile-range weapons sent to Ukraine by President Joe Biden.
The US Treasury Department has confirmed that they have imposed new sanctions on over targets and banned the import of new Russian gold. In total 70 entities and 29 individuals have been blacklisted, which freezes any US-held assets and prohibits them from doing business with or conducting financial transactions with US institutions.
The Treasury Department says on its website that the US will target Russia's state-owned defense conglomerate Rostec and multiple banks, including the Bank of Moscow. The US Treasury says this aims to "weaken Russia's ability to continue its aerial assault on Ukraine.
The British Army's newly appointed chief has warned of the dangers of heading to war with Vladimir Putin in his first official speech. Robert Whitehill , a delegate from Pennsylvania, sought to clarify the draft Constitution with a bill of rights explicitly granting individuals the right to hunt on their own land in season, [] though Whitehill's language was never debated.
There was substantial opposition to the new Constitution because it moved the power to arm the state militias from the states to the federal government.
This created a fear that the federal government, by neglecting the upkeep of the militia, could have overwhelming military force at its disposal through its power to maintain a standing army and navy, leading to a confrontation with the states, encroaching on the states' reserved powers and even engaging in a military takeover. Article VI of the Articles of Confederation states:.
No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the united States in congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the united States, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
Constitution states:. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress. A foundation of American political thought during the Revolutionary period was concerned about political corruption and governmental tyranny.
Even the federalists, fending off their opponents who accused them of creating an oppressive regime, were careful to acknowledge the risks of tyranny. Against that backdrop, the framers saw the personal right to bear arms as a potential check against tyranny. Theodore Sedgwick of Massachusetts expressed this sentiment by declaring that it is "a chimerical idea to suppose that a country like this could ever be enslaved Is it possible Or, if raised whether they could subdue a nation of freemen, who know how to prize liberty and who have arms in their hands?
Before a standing army can rule the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. George Mason also argued the importance of the militia and right to bear arms by reminding his compatriots of the British government's efforts "to disarm the people; that it was the best and most effectual way to enslave them They consist now of the whole people, except a few public officers.
Writing after the ratification of the Constitution, but before the election of the first Congress, James Monroe included "the right to keep and bear arms" in a list of basic "human rights", which he proposed to be added to the Constitution. Patrick Henry argued in the Virginia ratification convention on June 5, , for the dual rights to arms and resistance to oppression:.
Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined. In the slave states , the militia was available for military operations, but its biggest function was to police the slaves. Bogus , Professor of Law of the Roger Williams University Law School in Rhode Island, [] the Second Amendment was written to assure the Southern states that Congress would not undermine the slave system by using its newly acquired constitutional authority over the militia to disarm the state militia and thereby destroy the South's principal instrument of slave control.
The militia remained the principal means of protecting the social order and preserving white control over an enormous black population. Anything that might weaken this system presented the gravest of threats. This preoccupation is clearly expressed in [] by the slaveholder Patrick Henry :. If the country be invaded, a state may go to war, but cannot suppress insurrections [under this new Constitution]. If there should happen an insurrection of slaves, the country cannot be said to be invaded.
They cannot, therefore, suppress it without the interposition of Congress Congress, and Congress only [under this new Constitution; addition not mentioned in source], can call forth the militia. Therefore, Bogus argues, in a compromise with the slave states, and to reassure Patrick Henry, George Mason and other slaveholders that they would be able to keep their slave control militias independent of the federal government, James Madison also slave owner redrafted the Second Amendment into its current form "for the specific purpose of assuring the Southern states, and particularly his constituents in Virginia, that the federal government would not undermine their security against slave insurrection by disarming the militia.
Legal historian Paul Finkelman argues that this scenario is implausible. Most Southern white men between the ages of 18 and 45 were required to serve on " slave patrols " which were organized groups of white men who enforced discipline upon enslaved blacks.
Finkelman recognises that James Madison "drafted an amendment to protect the right of the states to maintain their militias," but insists that "The amendment had nothing to do with state police powers, which were the basis of slave patrols. Firstly, slave owners feared that enslaved blacks might be emancipated through military service. A few years earlier, there had been a precedent when Lord Dunmore offered freedom to slaves who escaped and joined his forces with "Liberty to Slaves" stitched onto their jacket pocket flaps.
Freed slaves also served in General Washington 's army. Secondly, they also greatly feared "a ruinous slave rebellion in which their families would be slaughtered and their property destroyed. The right to bear arms was therefore deliberately tied to membership in a militia by the slaveholder and chief drafter of the Amendment, James Madison , because only whites could join militias in the South.
In , Thomas Jefferson had submitted a draft constitution for Virginia that said "no freeman shall ever be debarred the use of arms within his own lands or tenements".
According to Picadio, this version was rejected because "it would have given to free blacks the constitutional right to have firearms". James Madison 's initial proposal for a bill of rights was brought to the floor of the House of Representatives on June 8, , during the first session of Congress. The initial proposed passage relating to arms was:. The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
On July 21, Madison again raised the issue of his bill and proposed that a select committee be created to report on it. The House voted in favor of Madison's motion, [] and the Bill of Rights entered committee for review. The committee returned to the House a reworded version of the Second Amendment on July A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms.
In late August , the House debated and modified the Second Amendment. These debates revolved primarily around the risk of "mal-administration of the government" using the "religiously scrupulous" clause to destroy the militia as British forces had attempted to destroy the Patriot militia at the commencement of the American Revolution. These concerns were addressed by modifying the final clause, and on August 24, the House sent the following version to the Senate:.
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person. The next day, August 25, the Senate received the amendment from the House and entered it into the Senate Journal.
However, the Senate scribe added a comma before "shall not be infringed" and changed the semicolon separating that phrase from the religious exemption portion to a comma:. A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person. By this time, the proposed right to keep and bear arms was in a separate amendment, instead of being in a single amendment together with other proposed rights such as the due process right.
As a representative explained, this change allowed each amendment to "be passed upon distinctly by the States". A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed.
The Senate returned to this amendment for a final time on September 9. A proposal to insert the words "for the common defence" next to the words "bear arms" was defeated.
A motion passed to replace the words "the best", and insert in lieu thereof "necessary to the". The final version by the Senate was amended to read as:. 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 enrolled original Joint Resolution passed by Congress on September 25, , on permanent display in the Rotunda, reads as:.
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 December 15, , the Bill of Rights the first ten amendments to the Constitution was adopted, having been ratified by three-fourths of the states, having been ratified as a group by all the fourteen states then in existence except Connecticut, Massachusetts, and Georgia — which added ratifications in During the first two decades following the ratification of the Second Amendment, public opposition to standing armies, among Anti-Federalists and Federalists alike, persisted and manifested itself locally as a general reluctance to create a professional armed police force, instead relying on county sheriffs, constables and night watchmen to enforce local ordinances.
In these early decades, law enforcement officers were rarely armed with firearms, using billy clubs as their sole defensive weapons.
On May 8, , Congress passed "[a]n act more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States" requiring:.
The act also gave specific instructions to domestic weapon manufacturers "that from and after five years from the passing of this act, muskets for arming the militia as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound.
In addition to the exemptions granted by the law for custom-house officers and their clerks, post-officers and stage drivers employed in the care and conveyance of U. Though a number of able-bodied white men remained available for service, many simply did not show up for militia duty.
Penalties for failure to appear were enforced sporadically and selectively. The first test of the militia system occurred in July , when a group of disaffected Pennsylvania farmers rebelled against federal tax collectors whom they viewed as illegitimate tools of tyrannical power.
When officials resorted to drafting men, they faced bitter resistance. Forthcoming soldiers consisted primarily of draftees or paid substitutes as well as poor enlistees lured by enlistment bonuses. The officers, however, were of a higher quality, responding out of a sense of civic duty and patriotism, and generally critical of the rank and file.
The episode provoked criticism of the citizen militia and inspired calls for a universal militia. Secretary of War Henry Knox and Vice President John Adams had lobbied Congress to establish federal armories to stock imported weapons and encourage domestic production. In the 20th century, Congress passed the Militia Act of The act defined the militia as every able-bodied male aged 18 to 44 who was a citizen or intended to become one.
Federal law continues to define the militia as all able-bodied males aged 17 to 44, who are citizens or intend to become one, and female citizens who are members of the National Guard. The militia is divided into the organized militia, which consists of the National Guard and Naval Militia , and the unorganized militia. A militia, when properly formed, are in fact the people themselves, and render regular troops in a great measure unnecessary.
I ask who are the militia? But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor; but may be confined to the lower and middle classes of the people, granting exclusion to the higher classes of the people.
If we should ever see that day, the most ignominious punishments and heavy fines may be expected. Under the present government all ranks of people are subject to militia duty. In , Tench Coxe made the following point in a commentary on the Second Amendment: [].
As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the next article in their right to keep and bear their private arms. The earliest published commentary on the Second Amendment by a major constitutional theorist was by St.
George Tucker. He annotated a five-volume edition of Sir William Blackstone 's Commentaries on the Laws of England , a critical legal reference for early American attorneys published in 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. Amendments to C. This may be considered as the true palladium of liberty The right of self defence is the first law of nature: In most governments it has been the study of rulers to confine this right within the narrowest limits possible.
Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.
In England, the people have been disarmed, generally, under the specious pretext of preserving the game : a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes. True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game.
So that not one man in five hundred can keep a gun in his house without being subject to a penalty. In footnotes 40 and 41 of the Commentaries , Tucker stated that the right to bear arms under the Second Amendment was not subject to the restrictions that were part of English law: "The right of the people to keep and bear arms shall not be infringed. II, p. Tucker's annotations for that latter section did not mention the Second Amendment but cited the standard works of English jurists such as Hawkins.
Further, Tucker criticized the English Bill of Rights for limiting gun ownership to the very wealthy, leaving the populace effectively disarmed, and expressed the hope that Americans "never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty. Tucker's commentary was soon followed, in , by that of William Rawle in his landmark text A View of the Constitution of the United States of America.
Like Tucker, Rawle condemned England's "arbitrary code for the preservation of game", portraying that country as one that "boasts so much of its freedom", yet provides a right to "protestant subjects only" that it "cautiously describ[es] to be that of bearing arms for their defence" and reserves for "[a] very small proportion of the people[. Speaking of the Second Amendment generally, Rawle said:. The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people.
Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both. Rawle, long before the concept of incorporation was formally recognized by the courts, or Congress drafted the Fourteenth Amendment , contended that citizens could appeal to the Second Amendment should either the state or federal government attempt to disarm them.
He did warn, however, that "this right [to bear arms] ought not Joseph Story articulated in his influential Commentaries on the Constitution [] the orthodox view of the Second Amendment, which he viewed as the amendment's clear meaning:. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpations and arbitrary power of rulers; and it will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.
And yet, though this truth would seem so clear, and the importance of a well-regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burdens, to be rid of all regulations.
How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our National Bill of Rights.
Story describes a militia as the "natural defence of a free country", both against foreign foes, domestic revolts and usurpation by rulers. The book regards the militia as a "moral check" against both usurpation and the arbitrary use of power, while expressing distress at the growing indifference of the American people to maintaining such an organized militia, which could lead to the undermining of the protection of the Second Amendment.
Abolitionist Lysander Spooner , commenting on bills of rights, stated that the object of all bills of rights is to assert the rights of individuals against the government and that the Second Amendment right to keep and bear arms was in support of the right to resist government oppression, as the only security against the tyranny of government lies in forcible resistance to injustice, for injustice will certainly be executed, unless forcibly resisted.
The congressional debate on the proposed Fourteenth Amendment concentrated on what the Southern States were doing to harm the newly freed slaves, including disarming the former slaves. In , Judge Timothy Farrar published his Manual of the Constitution of the United States of America , which was written when the Fourteenth Amendment was "in the process of adoption by the State legislatures": [] [k].
The States are recognized as governments, and, when their own constitutions permit, may do as they please; provided they do not interfere with the Constitution and laws of the United States, or with the civil or natural rights of the people recognized thereby, and held in conformity to them. The right of every person to "life, liberty, and property", to "keep and bear arms", to the "writ of habeas corpus" to "trial by jury", and divers others, are recognized by, and held under, the Constitution of the United States, and cannot be infringed by individuals or even by the government itself.
Judge Thomas M. Cooley , perhaps the most widely read constitutional scholar of the nineteenth century, wrote extensively about this amendment, [] [] and he explained in how the Second Amendment protected the "right of the people":. It might be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent.
The militia, as has been elsewhere explained, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. But the law may make provision for the enrolment of all who are fit to perform military duty, or of a small number only, or it may wholly omit to make any provision at all; and if the right were limited to those enrolled, the purpose of this guaranty might be defeated altogether by the action or neglect to act of the government it was meant to hold in check.
The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms; and they need no permission or regulation of law for the purpose. But this enables the government to have a well-regulated militia; for to bear arms implies something more than the mere keeping; it implies the learning to handle and use them in a way that makes those who keep them ready for their efficient use; in other words, it implies the right to meet for voluntary discipline in arms, observing in doing so the laws of public order.
Until the late 20th century, there was little scholarly commentary of the Second Amendment. Scholars advanced three competing theoretical models for how the prefatory clause should be interpreted. The first, known as the " states' rights " or "collective right" model, held that the Second Amendment does not apply to individuals; rather, it recognizes the right of each state to arm its militia. Under this approach, citizens "have no right to keep or bear arms, but the states have a collective right to have the National Guard".
Emerson in , some circuit courts recognized that the Second Amendment protects an individual right to bear arms. The second, known as the "sophisticated collective right model", held that the Second Amendment recognizes some limited individual right. However, this individual right could be exercised only by actively participating members of a functioning, organized state militia.
The third, known as the "standard model", held that the Second Amendment recognized the personal right of individuals to keep and bear arms.
Under both of the collective right models, the opening phrase was considered essential as a pre-condition for the main clause. The opening phrase was meant as a non-exclusive example — one of many reasons for the amendment.
The question of a collective right versus an individual right was progressively resolved in favor of the individual rights model, beginning with the Fifth Circuit ruling in United States v. Emerson , along with the Supreme Court's rulings in District of Columbia v. Heller , and McDonald v. Chicago In Heller , the Supreme Court resolved any remaining circuit splits by ruling that the Second Amendment protects an individual right.
Warren E. Burger , a conservative Republican appointed chief justice of the United States by President Richard Nixon, wrote in following his retirement:.
The Constitution of the United States, in its Second Amendment, guarantees a "right of the people to keep and bear arms". However, the meaning of this clause cannot be understood except by looking to the purpose, the setting and the objectives of the draftsmen People of that day were apprehensive about the new "monster" national government presented to them, and this helps explain the language and purpose of the Second Amendment We see that the need for a state militia was the predicate of the "right" guaranteed; in short, it was declared "necessary" in order to have a state military force to protect the security of the state.
This has been the subject of one of the greatest pieces of fraud — I repeat the word 'fraud' — on the American public by special interest groups that I have ever seen in my lifetime. For more than years, the federal courts have unanimously determined that the Second Amendment concerns only the arming of the people in service to an organized state militia; it does not guarantee immediate access to guns for private purposes.
The nation can no longer afford to let the gun lobby's distortion of the Constitution cripple every reasonable attempt to implement an effective national policy toward guns and crime. Research by Robert Spitzer found that every law journal article discussing the Second Amendment through "reflected the Second Amendment affects citizens only in connection with citizen service in a government organized and regulated militia.
An early use of the phrase "well-regulated militia" may be found in Andrew Fletcher 's A Discourse of Government with Relation to Militias , as well as the phrase "ordinary and ill-regulated militia". Jefferson thought well of Fletcher, commenting that "the political principles of that patriot were worthy the purest periods of the British constitution.
They are those which were in vigour. The term "regulated" means "disciplined" or "trained". Supreme Court stated that "[t]he adjective 'well-regulated' implies nothing more than the imposition of proper discipline and training. In the year before the drafting of the Second Amendment, in Federalist No.
If a well regulated militia be the most natural defence of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security A tolerable expertness in military movements is a business that requires time and practice.
It is not a day, or even a week, that will suffice for the attainment of it. To oblige the great body of the yeomanry , and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss Little more can reasonably be aimed at, with respect to the People at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.
State , 1 Ga. Its opinion perfectly captured the way in which the operative clause of the Second Amendment furthers the purpose announced in the prefatory clause, in continuity with the English right":.
Nor is the right involved in this discussion less comprehensive or valuable: "The right of the people to bear arms shall not be infringed. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I.
And the acquisition of Texas may be considered the full fruits of this great constitutional right. When each word in the text is given full effect, the Amendment is most naturally read to secure to the people a right to use and possess arms in conjunction with service in a well-regulated militia.
So far as appears, no more than that was contemplated by its drafters or is encompassed within its terms. Even if the meaning of the text were genuinely susceptible to more than one interpretation, the burden would remain on those advocating a departure from the purpose identified in the preamble and from settled law to come forward with persuasive new arguments or evidence.
The textual analysis offered by respondent and embraced by the Court falls far short of sustaining that heavy burden. And the Court's emphatic reliance on the claim "that the Second Amendment Justice Antonin Scalia , writing for the majority in Heller , stated:.
Nowhere else in the Constitution does a "right" attributed to "the people" refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention "the people", the term unambiguously refers to all members of the political community, not an unspecified subset. This contrasts markedly with the phrase "the militia" in the prefatory clause.
As we will describe below, the "militia" in colonial America consisted of a subset of "the people" — those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to "keep and bear Arms" in an organized militia therefore fits poorly with the operative clause's description of the holder of that right as "the people". An earlier case, United States v. Verdugo-Urquidez , dealt with nonresident aliens and the Fourth Amendment, but led to a discussion of who are "the People" when referred to elsewhere in the Constitution: [].
The Second Amendment protects "the right of the people to keep and bear Arms", and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to "the people" While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.
According to the majority in Heller , there were several different reasons for this amendment, and protecting militias was only one of them; if protecting militias had been the only reason then the amendment could have instead referred to "the right of the militia to keep and bear arms" instead of "the right of the people to keep and bear arms". In Heller the majority rejected the view that the term "to bear arms" implies only the military use of arms:.
Before addressing the verbs "keep" and "bear", we interpret their object: "Arms". The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity.
Thus, the most natural reading of "keep Arms" in the Second Amendment is to "have weapons". At the time of the founding, as now, to "bear" meant to "carry". In numerous instances, "bear arms" was unambiguously used to refer to the carrying of weapons outside of an organized militia.
Nine state constitutional provisions written in the 18th century or the first two decades of the 19th, which enshrined a right of citizens "bear arms in defense of themselves and the state" again, in the most analogous linguistic context — that "bear arms" was not limited to the carrying of arms in a militia.
The phrase "bear Arms" also had at the time of the founding an idiomatic meaning that was significantly different from its natural meaning: "to serve as a soldier, do military service, fight" or "to wage war". But it unequivocally bore that idiomatic meaning only when followed by the preposition "against".
Every example given by petitioners' amici for the idiomatic meaning of "bear arms" from the founding period either includes the preposition "against" or is not clearly idiomatic. In any event, the meaning of "bear arms" that petitioners and Justice Stevens propose is not even the sometimes idiomatic meaning.
Rather, they manufacture a hybrid definition, whereby "bear arms" connotes the actual carrying of arms and therefore is not really an idiom but only in the service of an organized militia. No dictionary has ever adopted that definition, and we have been apprised of no source that indicates that it carried that meaning at the time of the founding. Worse still, the phrase "keep and bear Arms" would be incoherent. The word "Arms" would have two different meanings at once: "weapons" as the object of "keep" and as the object of "bear" one-half of an idiom.
It would be rather like saying "He filled and kicked the bucket" to mean "He filled the bucket and died. The Amendment's text does justify a different limitation: the "right to keep and bear arms" protects only a right to possess and use firearms in connection with service in a state-organized militia.
Had the Framers wished to expand the meaning of the phrase "bear arms" to encompass civilian possession and use, they could have done so by the addition of phrases such as "for the defense of themselves". A May analysis by Dennis Baron contradicted the majority opinion:. A search of Brigham Young University's new online Corpus of Founding Era American English, with more than 95, texts and million words, yields instances of the phrase "bear arms".
These databases confirm that the natural meaning of "bear arms" in the framers' day was military. A paper from found that before , the use of the phrase "bear arms" was commonly used in a civilian context, such as hunting and personal self-defense, in both American and British law. In the century following the ratification of the Bill of Rights , the intended meaning and application of the Second Amendment drew less interest than it does in modern times.
A notable exception to this general rule was Houston v. Moore , 18 U. Supreme Court mentioned the Second Amendment in an aside. State and federal courts historically have used two models to interpret the Second Amendment: the "individual rights" model, which holds that individuals hold the right to bear arms, and the "collective rights" model, which holds that the right is dependent on militia membership.
The "collective rights" model has been rejected by the Supreme Court, in favor of the individual rights model, beginning with its District of Columbia v. Heller decision. Miller , ; District of Columbia v. Heller ; and McDonald v. Heller and McDonald supported the individual rights model, under which the Second Amendment protects the right to keep and bear arms much as the First Amendment protects the right to free speech.
Under this model, the militia is composed of members who supply their own arms and ammunition. This is generally recognized as the method by which militias have historically been armed, as the Supreme Court in Miller said:. The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators.
These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. Of the collective rights model that holds that the right to arms is based on militia membership, the Supreme Court in Heller said:. A purposive qualifying phrase that contradicts the word or phrase it modifies is unknown this side of the looking glass except, apparently, in some courses on Linguistics. If "bear arms" means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage "for the purpose of self-defense" or "to make war against the King".
But if "bear arms" means, as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add "for the purpose of killing game". The right "to carry arms in the militia for the purpose of killing game" is worthy of the mad hatter. In the Reconstruction Era case of United States v. Cruikshank , 92 U. The Court dismissed the charges, holding that the Bill of Rights restricted Congress but not private individuals.
The Court concluded, "[f]or their protection in its enjoyment, the people must look to the States. The Court stated that "[t]he Second Amendment The fourteenth amendment prohibits a State from depriving any person of life, liberty, or property, without due process of law; but this adds nothing to the rights of one citizen as against another.
Thus, the Court held a federal anti-Ku-Klux-Klan statute to be unconstitutional as applied in that case. In Presser v. Illinois , U. The Supreme Court reaffirmed Cruikshank , and also held that the Second Amendment prevented neither the States nor Congress from barring private militias that parade with arms; such a right "cannot be claimed as a right independent of law".
This decision upheld the States' authority to regulate the militia and that citizens had no right to create their own militias or to own weapons for semi-military purposes. In Miller v. Texas , U. Miller sought to have his conviction overturned, claiming his Second Amendment rights were violated and that the Bill of Rights should be applied to state law.
The Supreme Court ruled that the Second Amendment did not apply to state laws such as the Texas law, writing: [64] "As the proceedings were conducted under the ordinary forms of criminal prosecutions there certainly was no denial of due process of law.
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