Cameron Miranda
The Second Amendment to the United States Constitution, which protects the right to keep and bear arms, was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. The amendment 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 was proposed by James Madison to allow the creation of civilian forces that could counteract a tyrannical federal government. It was influenced by the English Bill of Rights of 1689, which asserted the right of Protestant citizens not to be disarmed by the king without the consent of Parliament. The Second Amendment has been the subject of intense debate, with some arguing that it provides an absolute right to own weapons, while others contend that it limits the right to bear arms to purposes related to serving in a state militia.
| Characteristics | Values |
|---|---|
| Date passed by Congress | 25th of September, 1789 |
| Date ratified | 15th of December, 1791 |
| Part of | The Bill of Rights |
What You'll Learn
The Second Amendment was ratified in 1791
In the late 1600s, King James II of England used "select militias" to suppress political opposition from Protestants. They revolted and ultimately displaced him in 1688. James II's successors, William and Mary, assured their subjects that they would never disarm them. In 1689, they codified this assurance as the English Bill of Rights.
The Second Amendment was proposed by James Madison in 1789, and it was designed to allow the creation of civilian forces that could counteract a tyrannical federal government. Madison's initial proposal 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.
The proposal was modified by the House of Representatives, which re-ordered the first two clauses and made several other wording and punctuation changes. The final version of the Second Amendment was agreed to and transmitted to the states in late September 1789. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights.
The Second Amendment 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 has been the subject of intense debate, with some arguing that it provides an absolute right to own weapons, while others contend that it limits the right to bear arms to purposes related to serving in a state militia. The Supreme Court issued a landmark ruling on this topic in 2008, finding that the Second Amendment does protect an individual's right to bear arms.
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The Second Amendment is part of the Bill of Rights
The Second Amendment, which is part of the Bill of Rights, was proposed by James Madison and ratified in 1791. It 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 was proposed to allow the creation of civilian forces that could counteract a tyrannical federal government. Anti-Federalists believed that a centralised standing military gave the federal government too much power and potential for violent oppression. The Second Amendment was also influenced by the English Bill of Rights of 1689, which stated that "Protestant subjects may have arms for their defence suitable to their conditions and as allowed by law."
The Second Amendment has been the subject of intense debate, with some arguing that it provides an absolute right to own weapons, while others contend that it limits the right to bear arms to purposes related to serving in a state militia. The Supreme Court has issued several opinions on the topic, including United States v. Cruikshank (1876), Presser v. Illinois (1886), United States v. Miller (1939), District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), Caetano v. Massachusetts (2016), and New York State Rifle & Pistol Association, Inc. v. Bruen (2022). These cases have clarified the extent of the Second Amendment and gun rights, with the Supreme Court ultimately concluding that the amendment protects an individual's right to bear arms for self-defence.
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The Second Amendment allows for the possession of weapons
The Second Amendment to the U.S. Constitution, which was ratified on December 15, 1791, protects the right to keep and bear arms. The amendment 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 has been a contentious topic, with some arguing that it provides an absolute right to own weapons, while others believe that the text limits the right to bear arms to purposes related to serving in a state militia.
The Supreme Court affirmed for the first time in District of Columbia v. Heller (2008) that the Second Amendment includes the right of individuals to bear arms for self-defence. The Court's ruling in Heller was clarified in McDonald v. City of Chicago (2010), which extended the ruling from federal laws to state and local laws.
The Second Amendment was proposed by James Madison to allow the creation of civilian forces that could counteract a tyrannical federal government. It was based on the right to keep and bear arms in English common law and was influenced by the English Bill of Rights of 1689.
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The Second Amendment was influenced by the English Bill of Rights
The Second Amendment to the United States Constitution, which was ratified on December 15, 1791, was influenced by the English Bill of Rights of 1689. The English Bill of Rights emerged from a tumultuous period in English politics, during which the authority of the king to govern without the consent of Parliament and the role of Catholics in a Protestant-majority country were major sources of conflict. The Catholic King James II was overthrown in the Glorious Revolution, and his successors, the Protestants William III and Mary II, accepted the conditions that were codified in the bill.
The English Bill of Rights of 1689 included language protecting the right of Protestants against disarmament by the Crown, stating:
> "That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law."
The historical link between the English Bill of Rights and the Second Amendment has been acknowledged by the U.S. Supreme Court. The Second Amendment, which protects the right to keep and bear arms, was based partially on the right to keep and bear arms in English common law. According to Sir William Blackstone, the right to have arms was an auxiliary right that supported the natural rights of self-defense and resistance to oppression.
The Founding Fathers' experiences with standing armies and militias, influenced by the English Bill of Rights, led to the inclusion of the Second Amendment in the U.S. Constitution. The amendment reflected concerns about potential military oppression and was intended to balance national defense with individual and state liberties. The Founding Fathers envisioned a well-regulated militia as a collective security measure, embodying the citizen-soldier principle.
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The Second Amendment has been the subject of Supreme Court rulings
The Second Amendment has been the subject of several Supreme Court rulings, including:
United States v. Miller (1939)
In United States v. Miller, the Supreme Court avoided addressing the constitutional scope of the Second Amendment. Instead, it held that the "possession or use of a shotgun having a barrel of less than eighteen inches in length" was not considered "ordinary military equipment" protected by the Second Amendment.
District of Columbia v. Heller (2008)
In 2008, the Supreme Court ruled on the Second Amendment for the first time in almost 70 years after Dick Heller sued the District of Columbia over its ban on handguns in the home. The court ruled in Heller's favour, affirming an individual's right to keep handguns in the home for self-defence. The ruling stressed that the right to bear arms is not unlimited and does not include the right to "keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."
McDonald v. City of Chicago (2010)
In 2010, the Supreme Court heard a case challenging Chicago's handgun ban, similar to the recently overturned ban in DC. Otis McDonald and three other Chicago residents sued the city, and the Supreme Court held in a 5-4 ruling that the Second Amendment applies to state and local governments in addition to the federal government. While Chicago's complete handgun ban was overturned, the Court reiterated that a wide variety of state and local gun laws are constitutionally permissible.
New York State Rifle & Pistol Association, Inc. v. Bruen (2022)
In 2022, the Supreme Court assured the right to carry weapons in public spaces with reasonable exceptions. The ruling created a new test for laws seeking to limit Second Amendment rights, stating that they must be based on the history and tradition of gun rights.
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Frequently asked questions
The Second Amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791, along with nine other amendments collectively known as the Bill of Rights.
The Second Amendment 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."
Historians argue that the primary reason for the Second Amendment was to prevent the need for a professional standing army in the United States. Others say the Second Amendment was created out of fear of a standing army and to serve as a check on a potentially tyrannical government.
The right to bear arms generally refers to a person's right to possess weapons. This right is not dependent on militia membership.
United States v. Cruikshank (1876), Presser v. Illinois (1886), United States v. Miller (1939), District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), Caetano v. Massachusetts (2016), and New York State Rifle & Pistol Association, Inc. v. Bruen (2022).
