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Why is the Second Amendment so crucial?

November 15th, 2006
Bradford Wiles
Many people view the Second Amendment to the Constitution as only for gun-nuts. Why should anyone care about it if they do not have guns? The answer is really quite simple: it is the perfect example of the government's willingness to infringe on rights. There is no better barometer for government involvement and ignoring citizens' rights than on gun issues. Why is that? Because the Constitution is direct in prohibiting the government from infringing on the right of the people to keep and bear arms. You see, there are other areas of government where there is some gray area, such as welfare, military spending, abortion, and other social and economic issues. However, none of these areas has a constitutional amendment that expressly prohibits government infringement.

Here is the Second Amendment of the United States Constitution: "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."

There is really one argument against ordinary citizens having the right to keep and bear arms. First, is that "militia" part. The Founding Fathers did not make a difference between the militia and "the people;" they are one and the same. Anti-citizens' rights groups have claimed that the Founding Fathers meant that the militia is the same as the National Guard, thus limiting private firearms' ownership to the militia and not "the people." However, when people take this tack, applying this same logic to the First, Fourth and Ninth Amendments then reads something like this: such that the right of the National Guard to peaceably assemble, the right of the National Guard to be free from unreasonable searches and seizures, and the rights of the National Guard are theirs even if they are not enumerated. Does this make sense to you? I certainly hope not. The Founding Fathers saw "the people" and "the militia" as one and the same, but socialist-leaning government has twisted this to its own ends, in spite of the admonition and mandate that this right "shall not be infringed."

Many state constitutions created around the same time are even more explicit. For example, Pennsylvania's State Constitution reads thusly: "That the people have a right to bear arms for the defence themselves and the state; and as standing armies in the 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." Any guess as to when this was written? If you said 1776 you'd be correct! It is quite obvious that the Second Amendment is for citizens, not the military, or some narrowly defined militia, like the National Guard. That is a farce that anti-citizens' rights propagandists have perpetuated on the public for far too long. I guess if you repeat something enough times in print and other media, it might, somehow, become true. Fortunately, there are others who know better.

So what is a peace-loving citizen to do? How can you be a non-violent person and still believe in the people's right to keep and bear arms? This seems so counter-intuitive, right? I wonder what Gandhi would think about disarming the populace? Let's ask him.

Me: "Yo! Mohandas! What do you think about disarming the populace?"

Mohandas K. Gandhi (in 1983): "Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms as the blackest."

Hmm, that seems clear. What about the opposite perspective? I mean if a peace-loving icon can be against government's disarming citizens, what would the most hate-filled and violent icon say about disarming the people? Let's see:

Me: "Yo! Adolf! What do you think about disarming the populace?"

Adolf Hitler: "The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing."

So what does it all mean? Yes, here in America, I can carry a gun and so can you, with certain restrictions, or should we call them infringements? I have been fingerprinted, background-checked, am limited in where I can carry a gun (most notably on Federal Property — do they even read the Constitution?), required to have training, et cetera. All of these are infringements! I don't care if you never, ever, in your entire life touch a gun. You are still a citizen of the United States, not a subject of King George, who sparked a revolution by attempting to confiscate the arms of the colonists.

But it's not about carrying a gun or not, guns are merely tools in the hands of people. It is about government intrusion and infringement in the private lives of citizens. Guard jealously the inherent rights we have, and especially those clearly enumerated in the Constitution. I urge you to use gun rights as a barometer for the direction the pendulum of government intrusion is swinging. It always comes down to the same conclusion. Gun control is not about guns; it's about control.

4.5 / 5 (115 Votes)

2nd amdment (by katie on 6th December) this does not help and i needd to know what it means today not in the past
English 101 (by Curtis Stone on 17th November) "The author deliberately ignores the provision of the amendment that specifies a "well regulated" militia."

You deliberately ignore the fact that the prefatory sentence is nothing more than a statement of purpose, The delineation of the "right" is clearly and unambiguously contained in the second sentence. What part of "shall not be infringed" is difficult to understand?
Well-Regulated militia (by Josh Adams on 16th November) Am I the only one that reads this straight through? A well-regulated militia is necessary for the security of a free State. Therefore, the rights of the people to keep and bear arms shall not be infringed. The right? To keep and bear arms. Why? Because sometimes their use is necessary to secure freedom.
2nd Amendment (by John Ryan on 16th November) "A well-regulated Militia" refers to a well trained armed citizenry. If one is knowledgeable about training of 18th century soldiers one would know that marching, close order drill and weapons training was decribed as "regulated"
K Harish (by Steve Branam on 16th November) The term "well regulated" does not mean government rules and restrictions on your rights to "keep and bear arms". Government regulations as we know them today did not exist in the late 1700's and would not be invented for hundreds of years. What the term means is a well functioning militia made up of the general male population all of which are familiar with the use and maintenance of their own firearms. This constitutes a "well regulated militia" and all the current gun control "regulations" are really unconstitutional infringements of our 2nd amendments rights.
K Harish (by Steve Branam on 16th November) The term "well regulated" does not mean government rules and restrictions on your rights to "keep and bear arms". Government regulations as we know them today did not exist in the late 1700's and would not be invented for hundreds of years. What the term means is a well functioning militia made up of the general male population all of which are familiar with the use and maintenance of their own firearms. This constitutes a "well regulated militia" and all the current gun control "regulations" are really unconstitutional infringements of our 2nd amendments rights.
respnse to K.Harich (by J Freeman on 16th November) K> Harich's comments are typical socialist pablum. The dictionary lists several definitions for the term "well regulated". Do NOT confuse how the founders meant the term to be used with how "anti-freedom" advocates use the term. Read the historical documents from the times of the founders to discern how they meant it to read.
The "Federalist Papars" show us that they meant 'properly trained', not mired in regulations (laws). and that government was not to expected to provide their training but that they would obtain it on their own through everyday usage ov their arms and occational meeetings for the express purpose of training in military tactics (something that has been banned in some states).
Mr. Wiles forgot to mention Ghandi's reply to his son concerning an assault against him in 1930:
83. I do believe that where there is a choice only between cowardice and violence, I would advise violence. ...it was his duty to defend me even by
Second Amendment (by arpjoe on 16th November) Mr. Wiles, Thank you for article. Militia are the ordinary citizens as you said. Only those hopelessly, irrationally brain-washed into being afraid of guns would make claims that a civil right in the Constitution must be regulated by the government. "Well regulated" means "trained."
Second Amendment (by K.Harich on 16th November) The author deliberately ignores the provision of the amendment that specifies a "well regulated" militia. Regardless of the interpretation of "Militia", it is obvious that this explicitly acknowledges the need for careful regulation of those bearing arms. That certainly would include any kind of gun control that the federal government saw fit to enact. Reasonable measures such as gun registration and background checks do not infringe on one's rights, per se. After all, if a person is to be considered a member of the Militia, that person should expect to be subject to rules similar to those of a member of the regular armed forces. As it stands today, gun owners are not subjected to any scrutiny comparable to that of an enlisted soldier, for instance.
National Guard (by Dave Hardy on 16th November) NG isn't the militia, or all of it. Look at 10 US Code 310. NG was reorganized in 1916 to get around a 1912 Attorney General opinion that said "militia" could not be sent outside the US, given the constitutional limits on "calling out" the militia.
2nd Amendment (by Bruce on 15th November) National Guard = Militia????

US Constitution; Article I Section 10; third paragraph:

"No State shall, without the Consent of Congress.......keep Troops, or Ships of War..."

So as the second amendment was being written, the body of the Constitution outlawed a standing army. Obviously the militia could not have been the National Guard.
Good points (cont'd) (by Matt Cosner on 15th November) ... the country. That being said, even if the founding fathers intended the militia to be an organized militia, one can argue that we haven't had true state's miltia for at least the last 90 yrs or so.
disarming (by Brian Long on 15th November) The thing about "infringing" the 2nd Amendment with stuff like licensing, training, background checks, fingerprinting, yadda yadda is really very simple: if there were never any problems caused by an armed populace, the 2nd Amendment would never be challenged. The fact that it is constantly under assault (pun intended) is because an armed populace has, on occasion, seemed like something to be enjoyed in moderation.
If dummies, drunks, and crooks never shot anybody the 2nd Amendment would be as sacrosanct as the 4th was before USA PATRIOT.
Good points (3 paragraphs) (by Matt Cosner on 15th November) Just to back up the author: The founding fathers could not have possibly had the National Guard - at least in its current state – in mind when they referred to “a well regulated militia.” The NG didn’t really come into existence until 1916. Prior to that, the job was filled by state’s organized militias – whose governors would volunteer their services when the federal government requested additional troops. (They key word is volunteer.)

Nowadays, the NG and the regular Army are pretty much one and the same. The NG does get a pass on Posse Comitatus when it’s working for the state (i.e. can perform law enforcement duties). But by and large, the federal government funds, organizes, and equips the NG. The federal government can and does call the NG out at any time. A state can supposedly refuse, but it’s pretty rare that a governor has the guts to do this.

My point is: I don’t think the founding father’s pictured militia doing long-term, national missions outside of

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