When the Bill of Rights was ratified this week (Dec. 15) in 1791, the Founders never dreamed that centuries later the Second Amendment would become so controversial. To them, “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,” was fairly straightforward language.
How wrong they were, as evidenced by the Supreme Court’s recent decision to rule on whether Washington, D.C.’s strict firearms law violates the Constitution, “a decision,” The Washington Post wrote, “that will raise the politically and culturally divisive issue of gun control just in time for the 2008 elections.”
The main controversy is over the phrase “A well regulated militia,” and its relationship to the statement “the people’s right to keep and bear Arms, shall not be infringed.” Gun-control advocates believe this language means that if you don’t belong to a “regulated militia” your right to own a gun can be “infringed.”
Gun-rights advocates counter by noting that the amendment does not grant a right; it recognizes a right already granted. The amendment does not say, “The people have the right to keep and bear arms.”
It says, “the (already established) right of the people to keep and bear Arms, shall not be infringed.” And they have a point. As even the Supreme Court has acknowledged, the right to own firearms precedes the Bill of Rights.
Gun advocates also note that because the amendment gives the right to bear arms to the “people,” not the states, claiming that this right is dependent on anything the states do or don’t do — including forming militias — is ludicrous. After all, the Bill of Rights mentions no specific rights that the states possess, but several the people do.
Two additional points: In 1791, most state militias did not give guns to militiamen when militias were formed. Militiamen brought their guns with them — from home. Indeed, the amendment says they can “keep” their firearms, not merely “bear” them during military service.
Finally, (my hero) James Madison’s original Second Amendment language was as follows: “The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country.” Written that way, he is saying that if the people don’t have the right to arms, there can’t be a militia. That Congress reversed the order does not change Madison’s intent.
Granted, all constitutional rights, including free speech and gun ownership, are subject to reasonable restrictions — you can’t yell “Fire” in a crowded theater, and felons can’t possess firearms. But the general right to own firearms is constitutionally protected. We will see what the Supreme Court thinks.
Bruce Kauffmann’s e-mail address is bruce@history
lessons.net
Schools
Bruce's History Lessons: The oh so controversial second amendment
- Schools
-
-
Valley educators cautious on Indiana’s ‘No Child’ waiver
Indiana is one of 10 states to receive a waiver from federal No Child Left Behind requirements.
-
Driver dies after Illinois school bus crash
“Brace yourself. Brace yourself,” Fay Pickering shouted to her students just before the school bus she was driving crossed U.S. 40 and landed in a ditch Thursday morning.
-
Official: Indiana among first 10 states to get ed waiver
President Barack Obama today will free 10 states from the strict and sweeping requirements of the No Child Left Behind law, giving leeway to states that promise to improve how they prepare and evaluate students, The Associated Press has learned.
-
Letters from Debs
Cinda May sat with the phone to her ear listening as the auctioneer in New York City said “Holding, holding.”
-
ISU presents Sycamore Hoopla; activities kick off Friday
Indiana State University’s Hulman Center will host its sixth annual Sycamore Hoopla Friday and Saturday.
-
BRUCE'S HISTORY LESSON: This little-known compromise may have saved the union
When the Constitution was signed in September of 1787 and sent to the Congress that then existed under the Articles of Confederation, Congress was instructed to send that Constitution to the states to be ratified … or not. The message to the states was clear: Accept the Constitution or reject it, but don’t try to change it.
-
College plans Prom Expo on Feb. 19
Get the scoop on the latest in prom fashions and services during Lincoln Trail College’s Prom Expo Feb. 19.
-
ISU offering tech ed scholarships to VU grads
Indiana State University is offering $1,000 scholarships for graduates of Vincennes University’s technology programs to pursue their bachelor’s degree.
-
Fort Harrison State Park to host winter wildlife workshop
Our culture’s most celebrated survivalists are often men with an accent, a trusty knife, and a tagalong camera crew filming their every move.
-
Riverton Parke's winter king and queen
Seniors Gary Secuskie and Taylor Mansinne were named King and Queen of the Riverton Parke Winter 2012 Homecoming.
-
Four alumni receive GOLD awards from Indiana State University
A former collegiate football standout and a trio known for selling humorous holiday apparel received the Indiana State University Alumni Association’s Graduate of the Last Decade Award this year.
-
Indiana State students hear view from Cuba
Carlos Alzugaray, who spent 40 years representing the Cuban government around the world, wishes NBC newsman Brian Williams had asked a different question during a recent Republican presidential debate in Jacksonville, Fla.
-
College to celebrate homecoming
Lincoln Trail College will celebrate homecoming on Feb. 18.
- Goals, Pride & Achievements: Feb. 9, 2012
-
Valley middle schoolers ready for MATHCOUNTS
Weeks of early-morning and after-school problem-solving sessions for about 100 Wabash Valley middle school students will culminate on Saturday in the regional MATHCOUNTS competition at Rose-Hulman Institute of Technology.
-
Indiana State education major takes teaching to Siberia
Christin Keirn wanted a challenge and she does enjoy winter. So for her, it seemed an obvious choice.
-
Lincoln Trail College honors
Lincoln Trail College has released its academic honor lists for the Fall 2011 semester.
- ACROSS THE WABASH VALLEY: Feb. 9, 2012
-
Vigo schools see grad rate rise
The Vigo County School Corp. 2011 graduation rate improved nearly 4 percentage points and surpassed the state graduation rate, according to information from the state Department of Education.
-
Rose-Hulman to help address need for advancing railroad technologies
Rose-Hulman Institute of Technology is stepping back into its past and addressing a need to advance the nation’s transportation system by educating the next generation of railroad engineers.
Chauncey Rose, an entrepreneur and builder of railroads, came to western Indiana in 1817. -
Take the Plunge for Special Olympics on Feb. 11 at ISU
Join Mayor Duke Bennett, Indiana State University Police Chief Bill Mercier, Terre Haute and ISU Police departments, GFS Marketplace, Mix-FM, the men of Pi Kappa Alpha and the ladies of Alpha Sigma Alpha at the Fourth Annual Terre Haute Polar Plunge to benefit Special Olympics Indiana on Feb. 11.
-
Valley woman’s recipe featured by Taste of Home
Taste of Home magazine has honored a Riverton Parke Jr.-Sr. High School Foods Services employee for her recipe.
-
College Goal Sunday set for Feb. 12 at Ivy Tech
Financial aid professionals will be volunteering at Ivy Tech Community College in Terre Haute and 39 other Indiana sites to help college-bound students and their families open the door to financial aid during College Goal Sunday, set for 2 p.m. Feb. 12.
-
College to offer aeronautics classes at Robinson airport
Lincoln Trail College is flying high this spring with two aeronautics classes taught at the Robinson (Ill.) Community Airport.
-
Agreement to further college’s international initiatives
Harrison College, a private sector college serving 6,000 students at 12 campuses in Indiana and Ohio as well as online, has entered into a Memorandum of Understanding with Siva Sivani Institute of Management in Hyderabad, India.
-
Otter Creek Middle School to celebrate 50 years
Otter Creek Middle School turns 50 years old this year. In 1962, the newly formed Vigo County School Corp. opened the current Otter Creek Middle School as Otter Creek Junior High School.
-
College savings campaign kicks off statewide
Students in Clay, Parke, Putnam, Sullivan, Vermillion and Vigo counties are joining students across Indiana to launch Learn More Indiana’s 2012 Cash for College campaign this week.
Eighty percent of students who attend college receive financial aid.
- Goals, Pride & Achievements: Feb. 2, 2012
-
BRUCE'S HISTORY LESSON: Freedom of religion — beliefs and actions
Because religious faith is, arguably, the quintessential example of our right to privacy, to say nothing of its prominent place in our First Amendment, throughout our history court cases involving the free exercise of religion have been handled with great trepidation and with particular care. One of the milestone “free exercise” religion cases, Davis v. Beason, was decided by the Supreme Court this week (Feb. 3) in 1890.
- Across the Wabash Valley: Feb. 2, 2012
- More Schools Headlines
-
Valley educators cautious on Indiana’s ‘No Child’ waiver
Ga Girl Fights Off Kidnapper at Walmart
Denver's Largest-Ever Drug Bust Nets Dozens
Obama Gives Education Waivers to 10 States
Raw Video: Italy's Mount Etna Bursts Into Life
Marines: No Punishment for Nazi-like Flag
Raw Video: School Bus Burst Into Flames
Nevada Highway Patrol, City Settle Beating Case
Vets Look to Translate Military Skills Into Jobs
Winter Slamming North Asia, Parts of Europe
Homs Bombardment Continues, Global Outcry Grows
Expert: Removing LA School's Staff 'Appropriate'
Syrian Forces Renew Bombardment of Homs
Greeks March; Angry Despite Debt Deal
LA School Reopens Amid Sex Abuse Scandal
LA School in Sex Abuse Scandal Reopens
Giffords Aide to Run for Her Seat
$25B Settlement Reached Over Foreclosure Abuses
Raw Video: U.S. Pullout Celebration
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Dog Rescued From Icy Colo. Water
Woolly Mammoth Caught on Camera?
Sandusky makes a statement
Did JLo 'Assault' Marc Anthony on Camera?
Christie Brinkley's Runway Slip
Toddler forced to run half-naked in snow
Halle Wants to Leave the Country
Northern Lights shine above earth
Plane makes perfect belly landing
Kris Jenner New Face of Arousal Oils
Trending: Zip it!
What's in Steve Jobs' FBI file?
SJP Talks About Replacing Demi Moore in 'Lovelace'
Over 200 dead dolphins wash ashore
Lady Gaga's Battle With Bulimia
Evacuation at Sea
Osama Bin Laden Zombie Movie: "Osombie" Teaser Released
VS Model Quits Over Religion
