The True Meaning of the Second Amendment: Militia and Arms

Understanding the Second Amendment, specifically the phrase 'a well regulated Militia, shall be necessary to the security of a free State,' is crucial for comprehending the historical and legal implications of the provision. This article delves into the original meanings of the terms and their application in the context of the 18th century.

Interpreting the Terms

The phrase 'a well regulated Militia' contains several key terms that need explanation to grasp its original intent.

Regulated

In the context of the Second Amendment, 'regulated' meant a well-functioning and organized group. This term did not imply any form of governmental control but rather a group that was properly trained and equipped. The language used in Noah Webster's American Dictionary of 1826 emphasizes this: ldquo;Regulated - well functioning.rdquo;

Infringed

The term 'infringed' was used to connote encroachment or the act of interfering with a right. When used in the phrase 'shall not be infringed upon,' it refers to the protection of the rights to arms. According to Noah Webster, infringe on means ldquo;used with on or upon infringe on our rights.rdquo;

Bear

The verb 'bear' in the Second Amendment carried multiple meanings:

To carry to convey to support and remove from place to place (as in ldquo;the eagle beareth them on her wingsrdquo;). To carry the obligation of defending oneself and one's community (as in the duty to defend one's home town, state, and country).

Militia

The term 'militia' referred to a body of citizens qualified and organized for military service. According to Noah Webster's Dictionary, militia meant ldquo;every male American over the age of sixteen and under age seventy-five.rdquo; It was a fundamental part of American society during the 18th century, with the understanding that every able-bodied citizen had a civic responsibility to defend their community.

Arms

ldquo;Armsrdquo; encompassed both offensive and defensive weapons and armor. It included firearms, specifically those that could be fitted with powder, such as cannons, muskets, and mortars.

Disciplined

The term 'disciplined' signified training and education in correct principles and habits. It was also about governing and accustoming to order and subordination. In the context of a militia, it meant that the members were educated and organized to serve effectively, not just in a standing army but as a collective entity ready to be called upon.

Historical Context and Application

The origins of the Second Amendment can be traced back to the need for citizen defense and the creation of a reserve military force. Prior to the American Revolution, the colonies had no standing army, and this created a significant vulnerability to invasion and civil unrest. The Second Amendment was designed to ensure that citizens retained the right to bear arms, thus forming militias as a means of defense.

The 5th Amendment and 1792 Militia Acts clarified that a well-armed, well-trained militia was indeed part of the national military and could enforce federal laws. This right was not limited to militia use only but was essential for the security of the state. The focus was on the ability of citizens to defend themselves and their communities, both in war and in emergencies.

The 1982 Committee on the Judiciary Opinion

A key historical reference is the 1982 opinion from the Committee on the Judiciary. In a letter to the National Rifle Association, the Judiciary Committee affirmed the understanding of the Second Amendment as: ldquo;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.rdquo; This reiterates the view that the right to bear arms is tied to the concept of a well-organized militia.

Conclusion

The Second Amendment does not limit the right to bear arms to only militia use. Rather, it underscores the importance of maintaining a well-organized and well-equipped militia as an essential part of the security of a free state. The amendment was designed to ensure that citizens could defend themselves and their communities, thus preventing any encroachment on this fundamental right.

Understanding the historical and legal context of the Second Amendment is crucial for grasping its full meaning and significance in the modern era. As originalists and constitutional scholars continue to debate its interpretation, the true intent can be found in the original definitions of its key terms and the historical context in which it was framed.