"I ask, sir, what is the militia? It is the whole people, except for a few public officials."
- George Mason (Framer of the Declaration of Rights, Virginia, 1776, which became the basis for the U.S. Bill of Rights) 3 Elliot, Debates at 425-426."What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty ... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins."
- Rep. Elbridge Gerry of Massachusetts, spoken during floor debate over the Second Amendment"The right of the people to keep and bear ... arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country ..."
- James Madison, I Annuals of Congress 434 (June 8, 1789)."The great object is that every man be armed" and "everyone who is able may have a gun."
- Patrick Henry, in the Virginia Convention on the ratification of the U.S. Constitution."Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American ... The unlimited power of the sword is not in the hands of either the federal or state government, but, where I trust in God it will ever remain, in the hands of the people."
- Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States."
- Noah Webster, "An Examination into the Leading Principles of the Federal Constitution" (1787), in Pamphlets on the Constitution of the United States (P. Ford, 1888)."To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike especially when young, how to use them."
- Richard Henry Lee, 1788, Initiator of the Declaration of Independence, and member of the first Senate, which passed the Bill of Rights."Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the _real_ object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?"
- Patrick Henry"The best we can hope for concerning the people at large is that they be properly armed."
- Alexander Hamilton"That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of the United States who are peaceable citizens from keeping their own arms ...."
- Samuel Adams, "Philadelphia Independent Gazetteer", August 20, 1789"... Arms in the hands of citizens to be used at individual discretion ... in private self defense."
- John Adams, from "A Defense of the Constitutions of the Government of the United States of America against the Attack of M. Turgot""The people are confirmed by the next article of their right to keep and bear their private arms."
- Tench Coxe, from "Remarks on the First Part of the Amendments to the Federal Constitution," The "Federal Gazette" and "Pennsylvania Evening Post", June 18, 1789"The Constitution of most of our states (and of the United States) asserts that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed." - Thomas Jefferson
"This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence."
- Supreme Court of the U.S., United States v. Cruikshank, 92 U.S. 542 (1875)."The states cannot, even laying the Constitutional provision out of view, prohibit the people from keeping and bearing arms so as to deprive the United States of their rightful resource for maintaining public security, and disable the people from performing their duty to general government."
- Supreme Court of the U.S., Presser v. Illinois (1886)."The Militia comprised all males physically capable of acting in concert for the common defense ... And ... these men were expected to appear bearing arms supplied by themselves and of the kind in common use..."
- Supreme Court of the United States, U.S. v. Miller (1939)."... 'the people' seems to have been a term of art employed in select parts of the Constitution. The Preamble declares that the Constitution is ordained, and established by 'the people of the U.S.' The Second Amendment protects the right of the people to keep and bear Arms ..."
- Supreme Court of the U.S., U.S. v. Verdugo-Urquidez (1990).The Supreme Court decisions in the 2008 DC v. Heller and 2010 McDonald v. City of Chicago cases, stating the RKBA is an individual right, not a collective militia right - one that requires "strict scrutiny" when examining the subject, not just a simple "interest of the government" - and using the 14th Amendment to apply the 2nd Amendment to the states.
The Supreme Court 2016 Caetano v. Massachusetts decision unanimously throwing out a Massachusetts court ruling that stun guns are not covered by the U.S. Constitution's guarantee of the right to bear arms. The justices said that a March 2015 Massachusetts Supreme Judicial Court ruling was inconsistent with the Heller decision declaring an individual right to bear arms, and that Heller rejected the proposition "that only those weapons useful in warfare are protected." Further, the justices objected to the Massachusetts court's approach of considering the dispute through a "contemporary lens" by stating that stun guns would not have been the type of weapon Congress envisioned in 1789 when it passed the Constitution's Second Amendment declaring a right to bear arms. They also took issue with the finding of the Massachusetts court that stun guns are "unusual" because they are a "thoroughly modern invention."
The Supreme Court decision in the 2022 case New York State Rifle & Pistol Association v. Bruen emphasized the 2008 Heller decision stating the RKBA is an individual right, and requires "strict scrutiny". The decision added further emphasis on the common meaning of the right to "bear" arms, and further rejected infringing laws and regulations on the right that have no historical basis (ref the 2016 Caetano decision).
You can contact me at rich@zellich.com
Last update: Sun, 16 Jul 2023
"Rich Zellich" drawing © 1989 Dan Stratmann. All rights reserved.