8 thoughts on “The History and Context of the Second Amendment

  1. You are one of the few who have got this right. Thank you. One point you might mention is that the drafters of the constitution were not inclined to make a list of rights because they felt it would be very contentious. The Second Amendment … is an amendment! Is a key point. The drafters of the Constitution (Washington, Franklin, Madison, et. al.) did not want it in the Constitution. (Yes, they considered such an inclusion.) Now we are embroiled in a discussion of “what they meant” when almost no one is interested in parsing this out. The vast majority of us are in one camp or another without working through it to the detail in this article, for example.

  2. Reblogged this on Rcooley123's Blog and commented:
    Reblog of an excellent blog post By A Point of Contention which gives excellent historical perspective to the Second Amendment of the United States of America – long a topic for often extremely contentious debate. Useful in evaluating proposals for gun control or lack thereof.

  3. I’m sorry, but I have to disagree with what’s been written here. You’re waving away at least a century and a half of private gun ownership that relied on the Second Amendment for justification. Gun control has always been about trying to make the militia clause controlling over the bearing arms clause, and it has never had full success throughout this country’s history. Even abolitionists relied on the Second Amendment to defend their homesteads against slavers.

    You’re also ignoring the fact that original intent is completely and entirely irrelevant to the state of the law today. The Second Amendment could have been passed to fight space aliens, and it doesn’t mean it hasn’t been passed, ratified, and interpreted differently today. There now exists – whether anyone likes it or not – a right to own guns. Arguing that the militia clause should change this doesn’t change the law and only promotes wishful thinking.

    I am sympathetic to gun control, but time spent arguing original intent doesn’t do anything to stop the NRA from lying to its members or manipulating the law on gun ownership. Until realism gets injected into pro-gun control positions, this isn’t going to change.

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