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Monday, June 30, 2008

Second Amendment

OK here we go I did not intend on ever directly addressing this topic because I am not the most adept person at explaining it.

I heard something this weekend from a man in position of authority in the congregation I attend each Sunday. With the 4th coming up the lessons had a patriotic theme and he was discussing the Preamble, Bill of rights, Amendments and the Federalist Papers. Usually people who know about the Federalist Papers have a pretty good understanding of things of this nature. I was very disappointed thought when he made mention of the recent ruling by the Supreme Court regarding DC's gun ban. He said that ruling "Redefined" the second amendment... ARE YOU KIDDING ME!!! I hope it was merely poor choice of words because that ruling was nothing more than a clarification of the originally intended meaning.

First of all the second amendment did not set out any new rights regarding arms, it simply codifies, as does the First and Fourth, a preexisting right. The right of citizens to privately hold and bear arms was a preexisting right that was set out under English law dating back as far as the 12th century. The Second Amendment frankly establishes that this right shall not be infringed.

An understanding of the origins of this amendment is needed to understand how it relates to a militia but quite simply; at that point in time the government did not issue arms, it was the obligation of every citizen to provide their own arms and keep them well maintained. This requirement however was not for the sole purpose of forming a militia it is also tied back to English common law and the right to self defence.

Additionally when the Second Amendment refers to "people" it is not referring to people collectively it is referring to people individually. A reading and understanding of its definition as used in the federalist papers and the fourth amendment bears this out and to suggest that the meaning is somehow different would make the second an anomaly. Not to mention the fact that the other 9 of the first 10 amendments set up protections for individuals from and oppressive government and to separate the Second Amendment from them makes no logical sense.

This is by no means an in depth explanation of the Second Amendment to do so would take pages and has already been done my many before me and now the Supreme Court has just reaffirmed what bright individuals familiar with the history and origins of this Amendment already knew so I will not belabor the point.