The Second Amendment Paper
Question: What was the purpose behind the founding fathers including the 2nd Amendment in the Bill of Rights and is that purpose still necessary today?
Introduction
The 2nd Amendment details the framework set by the U.S. Constitution for gun laws. In strict conformity to the U.S. Constitution, the people of America are adapting laws of the 18th century to suit the 21st century way of lives (Noah, 2018). However in reality, what the Founders intended to address by including the 2nd Amendment into the Bill of Rights was unrelated with the ongoing gun-control laws, debate, and their application. Today’s laws which assault weaponry ban never sunk in the thoughts of the founding fathers. Yet because both sides in debates about the 2nd Amendment invoke what the Founders would have thought, understanding what they intended is important.
Purpose behind the Founding Fathers including the 2nd Amendment in the Bill of Rights
Devotion to Militia: In the debates about the U.S. Constitution and Bill of Rights, the importance of militias leaps off the page. Among the Founders, Alexander Hamilton considered a regulated militia as the most natural defense for any free nation. To them, including the 2nd Amendment in the Bill of Rights would make all citizens part-time soldiers; which would curb the then threats to revolutionary ideas in existence (Waldman, 2014).
Prevent the U.S. from Needing a Standing Army: Another purpose for including the 2nd Amendment in the Bill of Rights was to deter America from setting up a professional army (Waldman, 2014). In the 18th century logic, societies with professional soldiers were unable to be free. The Founders feared that the army could attack the unorganized and unarmed citizens who could not attack back.
No Concern to “Personal” or “Individual” Right to Bear Arms: The original objective of the 2nd Amendment was not over a person’s right to bear arms. According to (Noah, 2018), the founding fathers of the U.S. Constitution were unconcerned with the right to bear arms by an “individual” or “person” (Waldman, 2014). Nonetheless, all what was important is the militia. The founders of Bill of Rights wanted all people to be into it, whereby all people in the militia should remain armed.
Concern about who should or shouldn’t be armed: Despite of the 2nd Amendment’s words, laws in the 18th century never infringed over American’s right to bear arms. Free blacks were prohibited by the law to have weapons (Noah, 2018). White Americans were allowed to be armed to exercise control over African Americans. The Blacks were disarmed to ensure they don’t threaten the American society.
Founding Fathers tolerated a certain amount of Instability and Violence: Certain levels of instability and violence were tolerated by the 18th century Americans, provided this was done by white Americans (Noah, 2018). So, including the 2nd Amendment in the Bill of Rights sought to defend the Whites whenever they get involved in violence.
Is that Purpose Necessary in Today’s 2nd Amendment?
The original purpose of including the 2nd Amendment in the Bill of Rights is unnecessary today (Noah, 2018). The 2nd Amendment today does not discriminate against any race, all Americans have the right to bear arms and this cannot be infringed. Although the National Guard operates as a citizen’s militia, its participation is totally against the Founders’ vision that all citizens participate (Waldman, 2014). Similarly, the militia and the Army have diversified in ways that nobody in the 18th century imagined.
Conclusion
Since the enactment of the Bill of Rights into law, America uses the most strict gun-control laws; which was not the original purpose of including the 2nd Amendment into the Bill of Rights.
References
Noah, S. (2018, Feb 22). What the Second Amendment really meant to the Founders. Democracy Dies in Darkness, 3-8.
Waldman, M. (2014). The Second Amendment: A Biography. New York: Simon & Schuster.