Last Updated on January 9, 2022 by Constitutional Militia
Statements From Individual Framers and Founding Patriots: Inconclusive as to the Meaning of any Constitutional Provision
A procedure popular among defenders of the Second Amendment who are attempting to define “the right of the people to keep and bear Arms” is to assemble a mass of quotations on the subject from various Founding Fathers. This, however, is a somewhat unreliable method, because it begs the question, “Without an independent, objective definition, how can one know whether any particular Founding Father’s statement is correct?”
True, people often talk loosely about “the Founding Fathers’ intent” as expressed in the Constitution. But what they really mean (or should mean), is the Constitution’s intent, as expressed in its language. This language is definitive, because it constitutes the most formal and objective statement of the Framers’ and We the People’s intent: namely, “the supreme Law of the Land.” Thus, rather than relying on merely anecdotal evidence and perhaps fallible personal opinions to determine what “the Militia of the several States” means, one must look to the relevant laws: the Militia Acts of the Colonies and independent States during the pre-constitutional period, from the mid-1600s to the late 1700s. These Acts provide the best historical–and, more importantly, legal–evidence of the principles on which the Militia were formed and operated. Not only that, The Militia Acts display a remarkable consistency–even unanimity–in these principles, from New Hampshire in the North to Georgia in the South, proving that the definition of “the Militia of the several States” is not some vague or plastic verbal formula that was and now can be manipulated for political purposes, but a concept with as much surety and fixity of meaning as any to be found in the Constitution.