3 State Constitutional Precursors to the 2 nd Amendment
- 3.1 Virginia, June 12, 1776
- 3.2 Pennsylvania, September 28, 1776
- 3.3 Maryland, November 11, 1776
- 3.4 North Carolina, December 18, 1776
- 3.5 New York, April 20, 1777
- 3.6 Vermont, July 8, 1777
- 3.7 Massachusetts, June 15, 1780
- 4.1 Thomas Jefferson
- 4.2 John Adams
- 4.3 James Madison
- 4.4 George Mason
- 4.5 Patrick Henry
- 4.6 Tench Coxe
- 4.7 Thomas Paine
- 4.8 Alexander Hamilton
- 4.9 Noah Webster
- 4.10 Melancton Smith
- 4.11 Fisher Ames
Text of the Second Amendment
The Second Amendment, as passed by the House and Senate and later ratified by the States, reads:
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.
The hand-written copy of the Bill of Rights which hangs in the National Archives had slightly different capitalization and punctuation inserted by William Lambert, the scribe who prepared it. This copy reads:
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.
Both versions are commonly used by "official" U.S. government publications.
Earlier proposals and drafts of the Amendment
And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. - Unknown (6 February 1788), reported in Charles Hale, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts (1856), p. 86. This language was proposed in the Massachusetts convention for ratification of the U.S. Constitution to be added to Article I of that document. And the question being put, was determined in the negative. 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; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person. Original text of what was to become the Second Amendment, as brought to the floor to the first session of the first congress of the U.S. House of Representatives. original text A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms. Reworded version of the Second Amendment by the select committee on the Bill of Rights, July 28th 1789. AoC pp. 669). A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person. Draft version of the Second Amendment sent by the House of Representatives to the United States Senate, on August 24th, 1789. (Note: When the Amendment was transcribed, the semicolon in the religious exemption portion was changed to a comma by the Senate scribe). A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed Revision voted on in the U.S. Senate, September 4th, 1789. A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed. Final version passed by the U.S. Senate; the phrase "necessary to" was added when the proposed Amendment was entered into the U.S. House journal.
State Constitutional Precursors to the 2 nd Amendment
On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was. [ 1 ]
Virginia, June 12, 1776
Virginia’s Constitution lists the reasons for dissolving its ties with the King in the formation of its own independent state government. Including the following:
- Keeping among us, in times of peace, standing armies and ships of war.
- Effecting to render the military independent of, and superior to, the civil power.*These same reasons would later be outlined within the Declaration of Independence.A Declaration of Rights. Section 13.That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.[ 2 ]
Pennsylvania, September 28, 1776
Article 13. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power. [ 3 ]
IMPORTANT NOTE: This is the first instance of the phrase "right to bear arms." It is of relevance that Pennsylvania was a Quaker Colony. "In settling Pennsylvania, William Penn had a great experiment in view, a ‘holy experiment,’ as he term[ed] it. This was no less than to test, on a scale of considerable magnitude, the practicability of founding and governing a State on the sure principles of the Christian religion; where the executive should be sustained without arms; where justice should be administered without oaths; and where real religion might flourish without the incubus of a hierarchical system." [ 4 ] The Non-Quaker residents, many from the Western Counties, complained often and loudly of being denied the right to a common defense. By the time of the American Revolution, through what could be described as a revolution within a revolution, the pro-militia factions had gained ascendancy in the state's government. And by a manipulation through the use of oaths, disqualifying Quaker members, they made up a vast majority of the convention forming the new state constitution; it was only natural that they would assert their efforts to form a compulsory State Militia in the context of a "right" to defend themselves and the state. [ 5 ]
Maryland, November 11, 1776
Articles XXV-XXVII. 25. That a well-regulated militia is the proper and natural defence of a free government. 26. That standing armies are dangerous to liberty, and ought not to be raised or kept up, without consent of the Legislature. 27. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power. [ 6 ]
North Carolina, December 18, 1776
A Declaration of Rights. Article XVII. That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power. [ 7 ]
New York, April 20, 1777
Article XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth. And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State. [ 8 ]
Vermont, July 8, 1777
Chapter 1. Section XVIII. That the people have a right to bear arms for the defence of the themselves and the State; and as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power. [ 9 ]
Massachusetts, June 15, 1780
A Declaration of Rights. Chapter 1. Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority and be governed by it. [ 10 ]
Quotes relating to the adoption of the Amendment
- A well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
- Virginia Declaration of Rights (12 June 1776)
- [T]he people have a right to bear arms for the defence of themselves.
- "A Declaration of Rights of the Inhabitants of the Commonwealth or State of Pennsylvania", Constitution of the Commonwealth of Pennsylvania (28 September 1776)
- [P]eople have a right to bear arms for the defence of themselves.
- "Chapter 1: A Declaration of the Rights of the Inhabitants of the State of Vermont", Constitution of the State of Vermont (8 July 1777)
- It is true, the yeomanry of the country possess the lands, the weight of property, possess arms, and are too strong a body of men to be openly offended-and, therefore, it is urged, they will take care of themselves, that men who shall govern will not dare pay any disrespect to their opinions. It is easily perceived, that if they have not their proper negative upon passing laws in congress, or on the passage of laws relative to taxes and armies, they may in twenty or thirty years be by means imperceptible to them, totally deprived of that boasted weight and strength: This may be done in great measure by congress, if disposed to do it, by modelling the militia. Should one fifth, or one eighth part of the men capable of bearing arms, be made a select militia, as has been proposed, and those the young and ardent part of the community, possessed of but little or no property, and all the others put upon a plan that will render them of no importance, the former will answer all the purposes of an army, while the latter will be defenceless.
- Letters from the Federal Farmer to the Republican, III (November 1787)
Thomas Jefferson
- No freeman shall ever be debarred the use of arms.
- Proposed Virginia Constitution, June, 1776.
- Occasionally this quote attributed to Thomas Jefferson is given with the following citation: Thomas Jefferson Papers, 334 (C.J.Boyd, Ed., 1950). The publication exists, but the quote does not. And the editor's correct name is Julian P. Boyd, not C.J. Boyd. In other cases, this quote is added to the end of a proven Jefferson quote "No free man shall ever be debarred the use of arms. " Thomas Jefferson, Proposed Virginia Constitution, 1776, Jefferson Papers 344. What he actually said, in context of the Virginia Constitution drafts is:
- Draft 1: "No Freeman shall ever be debarred the use of arms."1.
- Draft 2: "No Freeman shall be debarred the use of arms [in his own lands or tenements]."
- Draft 3: "No Freeman shall be debarred the use of arms [in his own lands or tenements]."
- As to the species of exercise, I advise the gun. While this gives a moderate exercise to the body, it gives boldness, enterprise, and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body, and stamp no character on the mind. Let your gun therefore be the constant companion of your walks. Never think of taking a book with you.
- Thomas Jefferson, letter to his nephew Peter Carr (19 August 1785), from Paris, France.
- God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty.
- Thomas Jefferson, letter to William Stephens Smith (13 November 1787), quoted in Padover's Jefferson On Democracy.
- What country before ever existed a century and half without a rebellion? And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.
- Thomas Jefferson, letter to William Stephens Smith (13 November 1787), quoted in Padover's Jefferson On Democracy.
- One loves to possess arms, though they hope never to have occasion for them.
- Thomas Jefferson, letter to George Washington, 1796. As quoted in The Writings of Thomas Jefferson, Lipscomb and Bergh, editors, 20 Vols., Washington, D.C., 1903-04, 9:341.
- For a people who are free, and who mean to remain so, a well organized and armed militia is their best security.
- Thomas Jefferson, Eighth State of the Union Address (8 November 1808)
- The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, … or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed; that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of the press.
- Thomas Jefferson, Letter to Major John Cartwright (5 June 1824)
John Adams
- Here every private person is authorized to arm himself, and on the strength of this authority, I do not deny the inhabitants had a right to arm themselves at that time, for their defense, not for offence.
- As defense attorney for the British soldiers on trial for the Boston Massacre. Reported in L. Kinvin Wroth and Hiller B. Zobel, ed., Legal Papers of John Adams (Cambridge, Mass: Harvard University Press, 1965), 3:248.
- To see that the people be continually trained up in the exercise of arms, and the militia lodged only in the people's hands.
- Marchamont Nedhams, reported in Adams', A Defense of the Constitutions of the Government of the United States of America 3:471 (1788); Adams wrote there that "[T]he rule in general is excellent".
- To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, countries or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
- A Defence of the Constitutions of the United States 3:475 (1787-1788).
James Madison
- The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for the common liberties and united and conducted by governments possessing their affections and confidence. It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the late successful resistance of this country against the British arms will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments of the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms.
- Federalist No. 46 (1788).