Crafting the 2nd Amendment

By JW Ross (source Prof. Eugene Volokh, UCLA Law School)

Legislation in a Republic is a process. The Bill of Rights was no different. Each amendment (each word) created by the Founders was discussed with the individual states (whose ratification was necessary) and some of the states "wording" was incorporated into the final amendment. Here are some of the contemporaneous suggestions . . .

Second Amendment - Bill of Rights:  "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." (1791).

English Bill of Rights:  That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law (1689). (1)

Connecticut:  Every citizen has a right to bear arms in defense of himself and the state (1818). (2)

Kentucky:  [T]he right of the citizens to bear arms in defense of themselves and the State shall not be questioned (1792). (3)

Massachusetts: The people have a right to keep and to bear arms for the common defence (1780). (4)

North Carolina: [T]he 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 (1776). (5)

Pennsylvania:  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 (1776). (6)

The right of the citizens to bear arms in defence of themselves and the State shall not be questioned (1790). (7)

Rhode Island:  The right of the people to keep and bear arms shall not be infringed (1842). (8)

Tennessee:  [T]he freemen of this State have a right to keep and bear arms for their common defence (1796). (9)

Vermont:  [T]he people have a right to bear arms for the defence of themselves and 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 (1777). (10)

Virginia:  That 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. (11)

References for the above:

1. 1 Wm. & Mary sess. 2, ch. 2 (1689).

2. Ct. Const. art. I, § 17 (1818). Connecticut had no Constitution until 1818.

3. Ky. Const. art. XII, § 23 (1792).

4. Mass. Const. pt. 1, art. 17 (1780).

5. N.C. Const. Bill of Rights, § XVII (1776).

6. Penn. Const. Declaration of Rights, cl. XIII (1776).

7. Penn. Const. art. IX, § 21 (1790).

8. R.I. Const. art. I, § 22 (1842). Rhode Island had no Constitution until 1842.

9. Tenn. Const. art. XI, § 26 (1796).

10. Vt. Const. ch. I, art. 16 (1777).

11. Va. Const. art. I, § 13 (1776).