Parsing the Second Amendment – CBS News
Any discussion of the right to bear arms has to take note of the Second Amendment. Here's Anthony Mason:
At the heart of the debate over guns in America is a single, inscrutable sentence: The Second Amendment of the Bill of Rights, whose wording is unusual.
Simon & Schuster
"The Second Amendment says, '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.' What does that mean?"
The most-disputed clause in the Constitution is the phrase about militias, which were a great concern when the Bill of Rights was written in 1792.
"At the Constitutional Convention in Philadelphia, there was a very big controversy about how to allocate military power," said Nelson Lund, professor of constitutional law at George Mason University. He says the states feared the new government would try to disarm the 13 state militias, which required every white male over 16 to own a musket.
"The anti-Federalists were very worried that the states would be deprived of their power to resist federal tyranny," Lund said.
"The militia, sir, is our ultimate safety," Patrick Henry argued. "We can have no security without it."
While guns were commonplace then, so were gun regulations. New York and Boston prohibited the firing of guns within city limits.
And in the notes for the Constitutional Convention, Waldman says, "There's literally not a word about it protecting an individual right for gun ownership for self-protection, hunting, or any of the other things we think about now."
"There's one side that believes that this amendment refers specifically and only to militias," said Mason.
"Well, I know people say that, but it just can't be true," replied Lund. "If you look at what the words say, it says 'The right of the people to keep and bear arms.' It does not say, 'The right of the states' or 'The right of the militias.' It says 'the right of the people.'"
The debate over the Second Amendment came to a head at the Supreme Court in 2008, in a case filed over the Capital's gun laws, called District of Columbia v. Heller. In a 5-4 vote, the court affirmed an individual's right to keep and bear arms, striking down D.C.'s ban on handguns in the home.
'The inherent right of self-defense," Justice Antonin Scalia wrote in the majority opinion, "has been central to the Second Amendment right."
But, Scalia added, "The right ... is not unlimited," also leaving room for gun regulation.
Lund said, "It is absolutely a continuing grey area."
Another grey area is how the court might rule on future Second Amendment issues after the sudden death of Justice Scalia in February.
"So, you know, a lot depends on who replaces Justice Scalia," said Lund.
For more info:
More from "Guns and America":
2016 CBS Interactive Inc. All Rights Reserved.
View original post here:
Parsing the Second Amendment - CBS News
- Second Amendment doesn't cover convicted felons caught trying to exchange drugs for guns at a South Boston skating-rink parking lot, judge concludes -... - July 18th, 2025 [July 18th, 2025]
- Missouri sheriffs form alliance to protect Second Amendment rights - First Alert 4 - July 18th, 2025 [July 18th, 2025]
- GrabAGun, a Mobile-Focused Online Firearms Retailer and Defender of the Second Amendment, Completes Business Combination with Colombier II and Will... - July 16th, 2025 [July 16th, 2025]
- Missouri sheriffs form alliance to protect Second Amendment rights - KY3 - July 16th, 2025 [July 16th, 2025]
- Guns & Moses Reminds Us All About the Importance of Faith and the Second Amendment - The Daily Signal - July 16th, 2025 [July 16th, 2025]
- Nathan Magsig: Why Our Second Amendment Resolution Matters to the People of the Central Valley - GV Wire - July 10th, 2025 [July 10th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - WWNY - July 10th, 2025 [July 10th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - WAFB - July 8th, 2025 [July 8th, 2025]
- The Department of Justice Started a Second Amendment Task Force | An Official Journal Of The NRA - Americas 1st Freedom - July 8th, 2025 [July 8th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - Action News 5 - July 6th, 2025 [July 6th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - WABI - July 4th, 2025 [July 4th, 2025]
- The Second Amendment And The Federal Prohibition On Unlawful Drug Users From Possessing Firearms Analysis - Eurasia Review - July 4th, 2025 [July 4th, 2025]
- Two illogical GOP issues: The Electoral College and Second Amendment - The Durango Herald - June 28th, 2025 [June 28th, 2025]
- Second Amendment 'setback': Gun tax cuts stripped from Trump's 'big, beautiful bill' - Fox News - June 28th, 2025 [June 28th, 2025]
- Mass Shooting Prevented Because of Second Amendment, Expert Says - The Daily Signal - June 28th, 2025 [June 28th, 2025]
- An Official Journal Of The NRA | Why This UFC Fighter Believes in the Second Amendment - Americas 1st Freedom - June 24th, 2025 [June 24th, 2025]
- InfluenceWatch Podcast #369: Suppressors, the Second Amendment, and the Fight Against the NFA - Capital Research Center - June 24th, 2025 [June 24th, 2025]
- Cornyn Praises Second Amendment Provisions Included in Senates One Big Beautiful Bill - Senator Cornyn (.gov) - June 20th, 2025 [June 20th, 2025]
- DOJ Says AR-15s, Ammo Magazines Protected by Second Amendment in Seventh Circuit Brief - The Reload - June 20th, 2025 [June 20th, 2025]
- Chair Khatiwada submits report on Nepal Citizenship (Second Amendment) Bill in House - myRepublica - June 20th, 2025 [June 20th, 2025]
- Coders are saving the Second Amendment: DIY guns and digital resistance - The Hill - June 20th, 2025 [June 20th, 2025]
- Senate Version of One Big Beautiful Bill Could Hand a Big Win to Second Amendment Supporters - The New York Sun - June 20th, 2025 [June 20th, 2025]
- SCOTUS Turns Down Pair of Second Amendment Cases | An Official Journal Of The NRA - Americas 1st Freedom - June 12th, 2025 [June 12th, 2025]
- GOA Celebrates Supreme Court Smackdown of Mexican Gun Control Lawsuit: A Massive Victory for U.S. Sovereignty and the Second Amendment - Gun Owners of... - June 12th, 2025 [June 12th, 2025]
- New Political Thriller Explores Parental Vigilantism and the Second Amendment in the Wake of Tragedy - PR Newswire - May 22nd, 2025 [May 22nd, 2025]
- Second Amendment Victory: Trump Administration Overturns Forced Reset Trigger Ban - SOFREP - May 22nd, 2025 [May 22nd, 2025]
- Legal Adults, Limited Rights: The Second Amendment Fight For 1820-Year-Olds - concealedcarry.com - May 5th, 2025 [May 5th, 2025]
- Making the Fourth Amendment the New Second Amendment - The Assembly NC - May 5th, 2025 [May 5th, 2025]
- Federal Government Urges S. Ct. to Take Second Amendment Case - Reason Magazine - May 5th, 2025 [May 5th, 2025]
- Trumps Second 100 Days and the Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - May 5th, 2025 [May 5th, 2025]
- This Bill Doesnt Ban GunsIt Dismantles the Second Amendment Another Way - The Truth About Guns - May 5th, 2025 [May 5th, 2025]
- NRAs John Richardson admits he cant stand listening to Trump despite praising Second Amendment support - The Mirror US - April 30th, 2025 [April 30th, 2025]
- Trump administration says machine guns arent protected by Second Amendment - Washington Times - April 30th, 2025 [April 30th, 2025]
- Colorado Escalates its War on the Second Amendment : News Article - Independent Institute - April 25th, 2025 [April 25th, 2025]
- Stop the Second Amendment insanity | Letters to the editor - Sun Sentinel - April 25th, 2025 [April 25th, 2025]
- Labrador Backs DOJs Second Amendment Task Force, Joining Other States - Idaho Dispatch - April 25th, 2025 [April 25th, 2025]
- Voices of the Second Amendment Launches Live from NRA Annual Meetings & Exhibits - NRA Women - April 21st, 2025 [April 21st, 2025]
- Oswego Village Board approves second amendment of econoimic incentive agreement with Freddie's Off the Chain, increasing total grant funding to... - April 21st, 2025 [April 21st, 2025]
- Bills Protecting Veteran Second Amendment Rights Hit The House And Senate - The Truth About Guns - April 21st, 2025 [April 21st, 2025]
- Feenstra Leads Legislation to Protect Second Amendment Rights of Law-Abiding Renters and Tenants - Mix 107.3 KIOW - April 21st, 2025 [April 21st, 2025]
- Second Amendment advocate fires back against controversial gun bill: This is going to cost lives in the long run - MyNorthwest.com - April 3rd, 2025 [April 3rd, 2025]
- Restoration of Second Amendment Rights After They Are Lost - The Truth About Guns - April 3rd, 2025 [April 3rd, 2025]
- House Republicans Honor Second Amendment Promises, Advance Key Legislation - National Shooting Sports Foundation - March 28th, 2025 [March 28th, 2025]
- Congress poised to strengthen Second Amendment rights with national concealed carry reciprocity - Washington Times - March 28th, 2025 [March 28th, 2025]
- Senators team up to support proposed legislation protecting veterans Second Amendment rights - Washington Examiner - March 28th, 2025 [March 28th, 2025]
- Governor vetoes local lawmakers Second Amendment Protection Act bill - County 10 News - March 28th, 2025 [March 28th, 2025]
- Second Amendment Roundup: Court Seems Disposed to Rule for S&W and Against Mexico - Reason - March 13th, 2025 [March 13th, 2025]
- Governor Murphys Latest Plan is to Tax the Second Amendment Rights of New Jerseyans - Shore News Network - March 5th, 2025 [March 5th, 2025]
- Second Amendment Protection Act changes head to governor's desk - Wyoming Tribune - March 5th, 2025 [March 5th, 2025]
- WY: TELL THE GOVERNOR Support Second Amendment Protections! - Gun Owners of America - March 5th, 2025 [March 5th, 2025]
- Second Amendment Protection Act changes head to governor's desk - Wyoming News Now - March 5th, 2025 [March 5th, 2025]
- Gun Advocates Demand Results After Second Amendment Executive Order - MSN - March 5th, 2025 [March 5th, 2025]
- Could The Washington Post Go Pro-Second Amendment? | An Official Journal Of The NRA - America's 1st Freedom - March 1st, 2025 [March 1st, 2025]
- Second Amendment Concerns Raised After Long Island Village Bans All Gun and Ammo Sales - MSN - March 1st, 2025 [March 1st, 2025]
- Trumps bold move to strengthen the Second Amendment - Washington Times - February 27th, 2025 [February 27th, 2025]
- After York County shootings, its time to update the Second Amendment [letter] - LNP | LancasterOnline - February 27th, 2025 [February 27th, 2025]
- NSSF Praises South Dakotas Gov. Larry Rhoden for Protecting Second Amendment Privacy - National Shooting Sports Foundation - February 27th, 2025 [February 27th, 2025]
- Fear not the endless presidency: The Twenty-second Amendment - Convention of States Action - February 27th, 2025 [February 27th, 2025]
- New Florida bill would strengthen Second Amendment rights at colleges and universities - Campus Reform - February 27th, 2025 [February 27th, 2025]
- How USAID Funded the War on the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - February 14th, 2025 [February 14th, 2025]
- Bills affect homeless, addresses wildfires, makes OK a Second Amendment sanctuary state - Yahoo - February 14th, 2025 [February 14th, 2025]
- Trump Issues Executive Order: Protecting Second Amendment Rights Where are we now? - Firearms News - February 12th, 2025 [February 12th, 2025]
- Executive Order 14206Protecting Second Amendment Rights - The American Presidency Project - February 12th, 2025 [February 12th, 2025]
- Trump is protecting the Second Amendment - Washington Times - February 12th, 2025 [February 12th, 2025]
- Trump Signs Executive Order Strengthening Second Amendment | An Official Journal Of The NRA - American Hunter - February 12th, 2025 [February 12th, 2025]
- Executive Order Seeks to Protect Second Amendment After Prior Administration - Turning Point USA - February 12th, 2025 [February 12th, 2025]
- Executive Order on the Second Amendment, which doesn't need any help - Daily Kos - February 12th, 2025 [February 12th, 2025]
- NRA Statement on President Trumps Executive Order Protecting Second Amendment Rights - NRA Women - February 9th, 2025 [February 9th, 2025]
- President Trump signs executive order 'protecting Second Amendment rights' - Buckeye Firearms Association - February 9th, 2025 [February 9th, 2025]
- Trump starts unwinding Biden regulations that infringe on Second Amendment rights of Americans - Must Read Alaska - February 9th, 2025 [February 9th, 2025]
- White House Wields Executive Power to Bolster Second Amendment: - Hoodline - February 9th, 2025 [February 9th, 2025]
- DeSantis Second Amendment Summer is more about his aspirations than Floridas budget | Opinion - Miami Herald - February 5th, 2025 [February 5th, 2025]
- Dueling Gun Groups Strike Truce To Push Wyoming Second Amendment Rights Bill - Cowboy State Daily - February 5th, 2025 [February 5th, 2025]
- Trump AG Pick: I Am an Advocate for the Second Amendment, but I Will Enforce the Laws of the Land - The Reload - January 19th, 2025 [January 19th, 2025]
- Second Amendment advocates skeptical of Pam Bondi - Washington Examiner - January 19th, 2025 [January 19th, 2025]
- Federal Judges (Still) Have No Earthly Idea What to Do With the Supreme Courts Second Amendment Cases - Balls & Strikes - January 19th, 2025 [January 19th, 2025]
- Tuberville, Britt reintroduce pro-second amendment Constitutional Concealed Carry Reciprocity Act - Yellowhammer News - January 19th, 2025 [January 19th, 2025]
- Donald Trump Jr. says younger people are getting into the Second Amendment amid GrabAGun SPAC deal - Fox Business - January 9th, 2025 [January 9th, 2025]
- GrabAGun, a Mobile-Focused Online Firearms Retailer Defending the Second Amendment, to Become a Public Company through a Business Combination with... - January 9th, 2025 [January 9th, 2025]
- Secretary Gray Calls on Wyoming Legislature to Protect Second Amendment Rights by Repealing Gun Free Zones - Sheridan Media - January 9th, 2025 [January 9th, 2025]