Second Amendment, amendment to the Constitution of the United States, adopted in 1791 as part of the Bill of Rights, that provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia. The Second Amendment reads, 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. Referred to in modern times as an individuals right to carry and use arms for self-defense, the Second Amendment was envisioned by the framers of the Constitution, according to College of William and Mary law professor and future U.S. District Court judge St. George Tucker in 1803 in his great work Blackstones Commentaries: With Notes of Reference to the Constitution and Laws of the Federal Government of the United States and of the Commonwealth of Virginia, as the true palladium of liberty. In addition to checking federal power, the Second Amendment also provided state governments with what Luther Martin (1744/481826) described as the last coup de grace that would enable the states to thwart and oppose the general government. Last, it enshrined the ancient Florentine and Roman constitutional principle of civil and military virtue by making every citizen a soldier and every soldier a citizen. (See also gun control.)
Until 2008 the Supreme Court of the United States had never seriously considered the constitutional scope of the Second Amendment. In its first hearing on the subject, in Presser v. Illinois (1886), the Supreme Court held that the Second Amendment prevented the states from prohibit[ing] the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security. More than four decades later, in United States v. Schwimmer (1929), the Supreme Court cited the Second Amendment as enshrining that the duty of individuals to defend our government against all enemies whenever necessity arises is a fundamental principle of the Constitution and holding that the common defense was one of the purposes for which the people ordained and established the Constitution. Meanwhile, in United States v. Miller (1939), in a prosecution under the National Firearms Act (1934), the Supreme Court avoided addressing the constitutional scope of the Second Amendment by merely holding that the possession or use of a shotgun having a barrel of less than eighteen inches in length was not any part of the ordinary military equipment protected by the Second Amendment.
For more than seven decades after the United States v. Miller decision, what right to bear arms that the Second Amendment protected remained uncertain. This uncertainty was ended, however, in District of Columbia v. Heller (2008), in which the Supreme Court examined the Second Amendment in exacting detail. In a narrow 54 majority, delivered by Antonin Scalia, the Supreme Court held that self-defense was the central component of the amendment and that the District of Columbias prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense to be unconstitutional. The Supreme Court also affirmed previous rulings that the Second Amendment ensured the right of individuals to take part in the defending of their liberties by taking up arms in an organized militia. However, the court was clear to emphasize that an individuals right to an organized militia is not the sole institutional beneficiary of the Second Amendments guarantee.
Because the Heller ruling constrained only federal regulations against the right of armed self-defense in the home, it was unclear whether the court would hold that the Second Amendment guarantees established in Heller were equally applicable to the states. The Supreme Court answered that question in 2010, with its ruling on McDonald v. Chicago. In a plurality opinion, a 54 majority held that the right to possess a handgun in the home for the purpose of self-defense is applicable to the states through the Fourteenth Amendments due process clause.
However, despite the use of person in that clause, the McDonald decision did not apply to noncitizens, because one member of the majority, Justice Clarence Thomas, refused in his concurring opinion to explicitly extend the right that far. Thomas wrote, Because this case does not involve a claim brought by a noncitizen, I express no view on the difference, if any, between my conclusion and the plurality with respect to the extent to which States may regulate firearm possession by noncitizens. Thomass conclusion was also supported by his view that the Second Amendment should be incorporated through the Fourteenth Amendments privileges or immunities clause, which recognizes only the rights of citizens.
The relatively narrow holdings in the Heller and McDonald decisions left many Second Amendment legal issues unsettled, including the constitutionality of many federal gun-control regulations, whether the right to carry or conceal a weapon in public was protected, and whether noncitizens are protected through the Fourteenth Amendments equal protection clause.
See the rest here:
Second Amendment | Contents, Supreme Court Interpretations ...
- Alan Keyes on the Second Amendment and gun rights [Last Updated On: April 2nd, 2011] [Originally Added On: April 2nd, 2011]
- Obama And The Second Amendment [Last Updated On: April 2nd, 2011] [Originally Added On: April 2nd, 2011]
- Suzanna Gratia-Hupp Second Amendment [Last Updated On: May 20th, 2011] [Originally Added On: May 20th, 2011]
- Attack of the Second Amendment [Last Updated On: May 21st, 2011] [Originally Added On: May 21st, 2011]
- The Second Amendment died in New Orleans [Last Updated On: May 21st, 2011] [Originally Added On: May 21st, 2011]
- Suzanna Gratia-Hupp What the Second Amendment is REALLY For [Last Updated On: May 24th, 2011] [Originally Added On: May 24th, 2011]
- The Alex Jones Show - LIVE - June 24th Second Amendment Special [Last Updated On: May 30th, 2011] [Originally Added On: May 30th, 2011]
- SA@TAC - Second Amendment Remedies [Last Updated On: June 1st, 2011] [Originally Added On: June 1st, 2011]
- You Choose '08 Spotlight: Ron Paul on the Second Amendment [Last Updated On: June 2nd, 2011] [Originally Added On: June 2nd, 2011]
- IGOLD, Guns, Second Amendment Rights in Illinois and the Madigans [Last Updated On: June 3rd, 2011] [Originally Added On: June 3rd, 2011]
- Gun Law (Second Amendment) [Last Updated On: June 11th, 2011] [Originally Added On: June 11th, 2011]
- Ron Paul on the Second Amendment (feat. Rachel) [Last Updated On: June 15th, 2011] [Originally Added On: June 15th, 2011]
- "The Sing-Along Second Amendment" by Roy Zimmerman [Last Updated On: June 15th, 2011] [Originally Added On: June 15th, 2011]
- Herman Cain on Second Amendment and Abortion [Last Updated On: June 26th, 2011] [Originally Added On: June 26th, 2011]
- Second Amendment Legislative Update with Larry Pratt of Gun Owners of America [Last Updated On: June 29th, 2011] [Originally Added On: June 29th, 2011]
- Alan Gottlieb w/the Second Amendment Foundation: Guns Save Lives Campaign - Las Vegas [Last Updated On: June 30th, 2011] [Originally Added On: June 30th, 2011]
- Bloomberg's Anti Gun Ad Suggests Second Amendment Enables Terrorists [Last Updated On: July 1st, 2011] [Originally Added On: July 1st, 2011]
- Gamer Walkthrough: Just Cause 2 - A Second Amendment [Last Updated On: July 1st, 2011] [Originally Added On: July 1st, 2011]
- WNY Truthers Obama Administration Caught Running False Flag Against Second Amendment [Last Updated On: July 4th, 2011] [Originally Added On: July 4th, 2011]
- Dr. Suzanna Hupp Explains The Second Amendment [Last Updated On: July 4th, 2011] [Originally Added On: July 4th, 2011]
- Re: Let's Get Real about the Second Amendment [Last Updated On: July 12th, 2011] [Originally Added On: July 12th, 2011]
- On the Rights and Privileges of the Second Amendment [Last Updated On: July 12th, 2011] [Originally Added On: July 12th, 2011]
- Second Annual Knife Rights Sharper Future Award, Sandy Froman [Last Updated On: July 12th, 2011] [Originally Added On: July 12th, 2011]
- Obama Administration Caught Running False Flag Against Second Amendment [Last Updated On: July 13th, 2011] [Originally Added On: July 13th, 2011]
- Citizens Arming Against Flash Mobs [Last Updated On: July 14th, 2011] [Originally Added On: July 14th, 2011]
- Sharron Angle's "Second Amendment Remedies" Statement Is NOT Rhetoric! [Last Updated On: July 15th, 2011] [Originally Added On: July 15th, 2011]
- Celebrate! Second Amendment Saturday [Last Updated On: July 17th, 2011] [Originally Added On: July 17th, 2011]
- Gibbs Passes Amendment to Protect Second Amendment Rights [Last Updated On: July 19th, 2011] [Originally Added On: July 19th, 2011]
- Sen. Jerry Moran: Second Amendment rights not negotiable [Last Updated On: July 29th, 2011] [Originally Added On: July 29th, 2011]
- Second Amendment and My 20 Second Video Intro [Last Updated On: August 2nd, 2011] [Originally Added On: August 2nd, 2011]
- Super Congress To Target Second Amendment.avi [Last Updated On: August 10th, 2011] [Originally Added On: August 10th, 2011]
- Tribute to the Second Amendment [Last Updated On: August 20th, 2011] [Originally Added On: August 20th, 2011]
- what the second amendment means to me. [Last Updated On: August 23rd, 2011] [Originally Added On: August 23rd, 2011]
- Patriot Pastor explains the Second Amendment [Last Updated On: August 26th, 2011] [Originally Added On: August 26th, 2011]
- Exercising My Second Amendment Right [Last Updated On: August 31st, 2011] [Originally Added On: August 31st, 2011]
- Second Amendment Range Pack Review [Last Updated On: September 3rd, 2011] [Originally Added On: September 3rd, 2011]
- The Second Amendment-Hero or Villain? [Last Updated On: September 4th, 2011] [Originally Added On: September 4th, 2011]
- Just Cause 2 the reapers stronghold takeover A Second Amendment [Last Updated On: September 5th, 2011] [Originally Added On: September 5th, 2011]
- Infowars Special Report With Sheriff Richard Mack: Obama's Stealth Attack on The 2nd Amendment 4/4 [Last Updated On: September 5th, 2011] [Originally Added On: September 5th, 2011]
- 57 Senators Sign Letter Telling To Protect Second Amendment Rights From United Nations [Last Updated On: September 7th, 2011] [Originally Added On: September 7th, 2011]
- Infowars Special Report With Sheriff Richard Mack: Obama's Stealth Attack on The 2nd Amendment 1/4 [Last Updated On: September 9th, 2011] [Originally Added On: September 9th, 2011]
- Liberal Mayors Are Freaking Out 'The Second Amendment' [Last Updated On: September 17th, 2011] [Originally Added On: September 17th, 2011]
- The Second Amendment Will Not Be Violated! [Last Updated On: September 21st, 2011] [Originally Added On: September 21st, 2011]
- Cooking Up A Collective Right: How a Mythical Monster Nearly Swallowed the Second Amendment Whole [Last Updated On: October 2nd, 2011] [Originally Added On: October 2nd, 2011]
- Marijuana Activist Debates Former ATF Head on Second Amendment [Last Updated On: October 9th, 2011] [Originally Added On: October 9th, 2011]
- Infowars Special Report With Sheriff Richard Mack: Obama's Stealth Attack on The 2nd Amendment 2/4 [Last Updated On: October 12th, 2011] [Originally Added On: October 12th, 2011]
- Where does your candidate stand on the Second Amendment? - Video [Last Updated On: October 19th, 2011] [Originally Added On: October 19th, 2011]
- Second Amendment Activist Nikki Goeser and Author John Lott - Video [Last Updated On: October 24th, 2011] [Originally Added On: October 24th, 2011]
- Sen. Richard Burr on the Veterans Second Amendment Protection Act - Video [Last Updated On: November 6th, 2011] [Originally Added On: November 6th, 2011]
- Issa Stands Up for Second Amendment Rights on Real Time with Bill Maher - Video [Last Updated On: November 16th, 2011] [Originally Added On: November 16th, 2011]
- Just cause 2 Second Amendment Walkthrough - Video [Last Updated On: November 16th, 2011] [Originally Added On: November 16th, 2011]
- Kinzinger Supports Legislation to Promote Americans' Second Amendment Right - Video [Last Updated On: November 19th, 2011] [Originally Added On: November 19th, 2011]
- Second Amendment - Our Safety Our Duty - Video [Last Updated On: December 1st, 2011] [Originally Added On: December 1st, 2011]
- Second Amendment Rights at Occupy Phoenix 15-10-2011 - Video [Last Updated On: December 5th, 2011] [Originally Added On: December 5th, 2011]
- Lt. Col. Allen B. West speaks on Second Amendment - Video [Last Updated On: December 7th, 2011] [Originally Added On: December 7th, 2011]
- Michael Savage on the Second Amendment - Video [Last Updated On: December 17th, 2011] [Originally Added On: December 17th, 2011]
- Darrell Issa on Fast [Last Updated On: January 1st, 2012] [Originally Added On: January 1st, 2012]
- A Discussion on Being a Pro-Second-Amendment Social Liberal - Video [Last Updated On: January 2nd, 2012] [Originally Added On: January 2nd, 2012]
- Mr. Alan Gura on Current Second Amendment Litigation - Video [Last Updated On: January 7th, 2012] [Originally Added On: January 7th, 2012]
- Second Amendment; A Political Right; Historic Context; Not about Hunting! - Newt Gingrich - Video [Last Updated On: January 11th, 2012] [Originally Added On: January 11th, 2012]
- NEW JERSEY PAYS CASH TO TRASH SECOND AMENDMENT - Alex Jones Infowars Nightly News 2012-01-09 - Video [Last Updated On: January 12th, 2012] [Originally Added On: January 12th, 2012]
- Second Amendment fan says gun bills go too far [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Tea Party hosts head of Gun Owners of California [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Second Amendment Paranoia - Video [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Second Amendment ~ "Wotan Rains On A Plutocrat Parade" (David E. Williams cover) - Video [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- What is the second amendment? - Video [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Biggest Factor in Gun Rights, Congress, Not Courts [Last Updated On: February 6th, 2012] [Originally Added On: February 6th, 2012]
- Judge squelches bid to overturn Illinois gun law [Last Updated On: February 7th, 2012] [Originally Added On: February 7th, 2012]
- A VIEW ON THE SECOND AMENDMENT - Video [Last Updated On: February 8th, 2012] [Originally Added On: February 8th, 2012]
- Dr. Suzanna Gratia Hupp on The Second Amendment - Video [Last Updated On: February 9th, 2012] [Originally Added On: February 9th, 2012]
- Second Amendment University - Video [Last Updated On: February 12th, 2012] [Originally Added On: February 12th, 2012]
- The politics of gunplay [Last Updated On: February 13th, 2012] [Originally Added On: February 13th, 2012]
- Gun advocates want ability to bring guns to work parking lots [Last Updated On: February 15th, 2012] [Originally Added On: February 15th, 2012]
- Breyer's Robbery Illustrates Why RKBA So Important Everywhere [Last Updated On: February 15th, 2012] [Originally Added On: February 15th, 2012]
- House committee adopts 2nd Amendment language [Last Updated On: February 15th, 2012] [Originally Added On: February 15th, 2012]
- Sneaky White House Budget Provisions Undermine the Second Amendment - Video [Last Updated On: February 19th, 2012] [Originally Added On: February 19th, 2012]
- Barack Obama, "Greatest Gun Salesman in America" [Last Updated On: February 22nd, 2012] [Originally Added On: February 22nd, 2012]
- Open carry advocates battle Upland [Last Updated On: February 23rd, 2012] [Originally Added On: February 23rd, 2012]
- Tenn. lawmakers debate parking lot gun bill [Last Updated On: February 24th, 2012] [Originally Added On: February 24th, 2012]
- SAF Condemns Texas Law Prof's Claim that OH School Shooting is 'Exercise of 2A' [Last Updated On: February 29th, 2012] [Originally Added On: February 29th, 2012]