Knowing Your Constitutional Rights [2]



Amendment 2

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. (X)

What does this mean?

Well, let's take it into parts.

What did the term regulated mean when this Amendment was made?

It essentially means organized & disciplined. The State was not controlling the Militia, rather the Militia was prepared to defend and protect its State (X).

What is a Militia in this context?

At the time of which this Amendment was created, December 15, 1791, it was generally an army comprised of citizens of a State that would be called upon in situations to defend the State (X).

Essentially, for comparisons sake, think of it as an early type of police.

Rather than having the military full time stationed at each individual State, it was thought to be more convenient to have able bodied men to protect their Towns & States (X).

At this time in America, majority of citizens owned guns for the purpose of protecting the State via the form of a Militia (X).
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A lil side bar crash course:

So the purpose for the Militia was for able bodied men to protect the state/town since the Military was pretty small at this point. To be specific - the U.S military didn't exist until September 29, 1789. George Washington's "First American Regiment" aka the Military of that time had a total of 700 men.

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What does being necessary to the security of a free State. mean?

At the time this Amendment was created, the United Stated recently fought a war which granted them Independence and was expanding (X). As such, many people felt unsafe and so security via the form of a Militia was considered needed to protect citizens of the respective States.

Also, quoting from a CNN article on this matter:
‣ "The idea of a state militia would also be attractive because it serves as a deterrent against national tyranny," says Rakove.
‣ "At the time, if government forces tried to take over land or overstep their boundaries, you'd have an institution in place -- the militia -- that would outnumber any army."
* Do take note that the size of the military back then was small compared to the modern size of the military today. *

What does the right of the people to keep and bear arms mean?

There is confusion on who the people in this phrase actually pertain to. It could be seen as the people as in individuals or as people in the Militia.

Though, the confusion of what is included in bear arms is up for a debate. Since the Amendment did not contain a list detailing what arms are to be included, it leads to a bit of head scratching. The weapons used back then are not the same weapons used in this current century (X).

Also, quoted from a CNN article pertaining to this topic:
‣ "One thing people disagree about is whether assault weapons bans are constitutional," says Rosen.
‣ "They also disagree about how we should interpret the constitution in terms of history or in light of new technologies."

Essentially this is what I myself understood from this Amendment:

The purpose of every able bodied male owning a gun was because they - as individuals- contributed to the militia that protected their state. By bearing arms, this Amendment was allowing every citizen to own a gun for the purpose of protecting the State as a unit aka the militia. At the time, though, the reason for a militia was because the idea of a police wasn't brought or thought of until 1838.

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In what ways has President Trump & the current administration done something that pertains to this Amendment:

1.

I would also like to add in a few words:

What is the purpose of not doing background checks?
The main reason, as suggested by this Amendment, for gun ownership is for able bodies males to assemble in the form of a Militia to protect citizens of respective States.
How is NOT doing background checks safe?
I don't have an answer for that because the answer is that it is not safe.

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2.


Senator Christopher Murphy, Connecticut: "You can't say, definitively today, that guns shouldn't be allowed in schools?"
Betsy Devos: "I will refer back to Senator Enzi and the school he was talking about in Wapiti, Wyoming. I think, probably there, I would imagine there is probably a gun in the school to protect from potential grizzlies."



-If needed, this will be updated from time to time.-


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Is there an Amendment you would like to know more of?
to be taken to a list & choose which one you would like to learn more about.

This is a series that is ongoing - Every Wednesday [ #WednesdayAmendment ] there will be an Amendment Explanation paired with what President Trump & his administration have done that pertains to the Amendment discussed.




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