Does the Second Amendment really give Americans an absolute right to automatic
weapons?
Surely
we can all agree that the Framers of the Constitution used language carefully. And that the Framers never imagined the right to bear
arms as empowering sociopathic individuals to use assault weapons because of
the urgings of their private, horrific demons.
Let’s look beyond the 14 last words of the
Amendment – “the
right of the people to keep and bear arms shall not be infringed.” We’ve heard those 14 words
a lot lately.
What about the Amendment’s
first 13 words? “A well regulated militia being necessary to the
security of a free state.”
First look at the key terms:
· Regulated: operating under laws and rules.
· Militia: armed citizens acting together under the control of law or constituted authority.
· Militia: armed citizens acting together under the control of law or constituted authority.
·
Security: safety.
·
Free State: a political body governed by the will of its people.
Clear enough: These opening
words emphasize rules and laws, constituted authority, defense of the American nation from external threats, and safety. They speak of collective behavior, not individual behavior. They say
nothing about hunting, protection from home invaders, vigilantism, or even
sportsmanship.
Now
consider the grammar of these 13 words. They constitute an absolute. The Framers studied grammar in school, so they understood
this old-fashioned form. They knew that starting a sentence with an absolute
emphasizes it. They also knew that an absolute answers the question When, why and under what conditions
is the main clause true?
Maybe the Amendment would be
clearer if it were expressed as a Q and A:
·
Question: When and under what
conditions should “the
right of the people to keep and bear arms . . . not be infringed”?
·
Answer: If or when “a well regulated militia [is]
necessary to the security of a free state.”
·
Question: Why should “the
right of the people to keep and bear arms . . . not be infringed”?
·
Answer: Because “a well regulated militia [is] necessary to the
security of a free state.”
In
other words: If or when America’s
safety needs defending, then Americans bearing arms must be organized, trained,
and regulated.
This
close reading of the Second Amendment persuades me that the Framers envisioned
the right to bear arms as a means to insure America’s defense by a citizen
army. I believe that the Framers did not mean to empower anyone to go armed
anywhere, anytime, with little or no regulation. Nor did they intend us to
place arms and live ammunition in our schools, theaters, places of worship, and
elsewhere that Americans gather for peaceful purposes.
To
me this is absolutely clear.
3 comments:
Thanks for this sane, sober look ... one wonders why the Supreme Court can't do the same
Excellent post! I hope it is read by all our lawmakers.
Readers may be interested in the Amicus brief filed in the Supreme Court in the Heller case by several historians and the congruence between grammar and history. The brief may be found at
http://www.scotusblog.com/wp-content/uploads/2008/01/07-290_amicus_historians.pdf
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