Gun Control - Why Not? Part 2

The 2nd Amendment, the final check on power

The first post in this two part series, Gun Control - Why Not?

Background

From the majority decision of the Supreme Court in D.C. v Heller, 2007

“Held:

1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms.

(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved.

(c) The Court’s interpretation is confirmed by analogous arms bearing rights in state constitutions that preceded and immediately followed the Second Amendment.

(d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms.

(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion.”

Emphasis in italics is mine.

In spite of all of that, and in spite of the Amendment’s express purpose, to render the Federal Government powerless to “disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule,” the attacks on Amendment II to the Constitution continue, and are accelerating in their frequency. So, should we support and defend the Constitution, as I took an oath to do, or not?