In the absence of a standing army, there needed to be some means of quick response in the event of insurrection or unexpected land invasion, say from Canada or Florida. That assignment fell to the militia, as set out in section 8 immediately after the navy and armies provisions.
Virginia's proposed version of what became the Second Amendment made explicit the connection between the right to keep and bear arms, the distrust of standing armies, and the role of the militia:
That its purpose was to insure that the militia would be adequately equipped with weapons was included in the language of Madison's original draft of the Second Amendment:
The key historical fact is that the
founding generation, or most of it, thought a free state and a
standing army were incompatible. To provide security against
insurrection and surprise aggression by land, therefore, a well
regulated militia was necessary, and people should have a right to
keep and bear arms just in case the states and the Congress had not
otherwise provided adequate weaponry for the militia.
So the Second Amendment was part
and parcel of the constitutional devices to make a standing army unnecessary (and, at best, difficult). In this the amendment failed of
its purpose completely and failed from very early on. Perhaps a case
of fine grained historical detail could be made that there was no
real standing army in some early years, but it is at least roughly
fair to say that a standing army has been with us always.
(The prestige of the militias took a sharp dive during the War of 1812, and with that the need for a standing army became more widely accepted.)
It is ironic that the loudest
Constitution-thumpers among politicians, who declaim their favorite
quotes from the framers at the drop of a hat, are among the most
lavish in their support of what makes the United States Army more
robustly standing than any army ever seen on the face of the earth.
The history also, of course, shows
how ludicrous is the insurrectionary theory of the Second Amendment:
that there is a constitutional right to arms in order that the people
may overthrow a tyrannical government. Once the property only of
fringe cults, the insurrectionary theory has gained prominence since
its adoption by the NRA leadership. Recently Senator Ted Cruz stated that the amendment exists as "a fundamental check on government." An amendment that was in fact put
in place to insure the quick putting down of insurrection is now trumpeted as the guaranty of a right to
insurrection!
Purposes as shown by history, and even those purposes that appear on the face of document, are not, however, the last word in constitutional construction. On better interpretations than the NRA or either the majority or minority of the Supreme Court have given it, the Second Amendment would have continuing force, even though its motivating purpose failed, and its instrumental purpose in the adequate arming of the militia became otiose. Some remarks on that better construction in a later post.
See: "The Second Amendment: Not One or Two but Three Rights," http://lawrencecrocker.blogspot.com/2016/07/the-second-amendment-not-one-or-two-but.html; "The 2nd Amendment Right to the Open Carry of Swords and Shoulder Launched Missiles," https://lawrencecrocker.blogspot.com/2016/04/the-2nd-amendment-right-to-open-carry.html. “Guns don’t kill people, true – in exactly the same way ricin and hand grenades don’t kill people,” https://lawrencecrocker.blogspot.com/2019/09/guns-dont-kill-people-true-in-exactly.html.
This comment has been removed by a blog administrator.
ReplyDelete