9 Things You Didn’t Know About the Second Amendment

48

1. The Second Amendment codifies a pre-existing right

The Constitution doesn’t grant or create rights; it recognizes and protects rights that inherently exist. This is why the Founders used the word “unalienable” previously in the Declaration of Independence; these rights cannot be created or taken away. In D.C. vs. Heller, the Supreme Court said the Second Amendment “codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed … this is not a right granted by the Constitution” (p. 19).

2. The Second Amendment protects individual, not collective rights

The use of the word “militia” has created some confusion in modern times, because we don’t understand the language as it was used at the time the Constitution was written. However, the Supreme Court states in context, “it was clearly an individual right” (p. 20). The operative clause of the Second Amendment is “the right of the people to keep and bear arms shall not be infringed,” which is used three times in the Bill of Rights. The Court explains that “All three of these instances unambiguously refer to individual rights, not ‘collective’ rights, or rights that may be exercised only through participation in some corporate body” (p. 5), adding “nowhere else in the Constitution does a ‘right’ attributed to “the people” refer to anything other than an individual right” (p. 6).

Continue Reading at GirlsJustWannaHaveGuns.com

Posting Policy
We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse. Read more.

Trending on Liberty Alliance

STAY IN THE LOOP
Don't miss a thing. Sign up for our email newsletter to become a Liberty Alliance insider.