The Right To Bear Arms
A distinguished citizen takes a stand on one of the most controversial issues in the nation
By Warren E. Burger, Chief Justice of the United States (1969-86)
Parade Magazine, January 14, 1990, page 4
[NOTE: Chief Justice Warren E. Burger (1907-1995), was first nominated by POTUS EISENHOWER January 12, 1956 to the United States Court of Appeals for the District of Columbia Circuit (often called the “Mini Supreme Court”) to fill the position created by the death of Judge Harold M. Stephens, was confirmed by the Senate 28 March that year, and on 23 June 1969 was nominated to be Chief Justice of the SCOTUS by POTUS NIXON following the resignation of CJ Earl Warren, who was also nominated by POTUS EISENHOWER, and presided over numerous landmark Constitutional law cases and wrote the majority opinion in Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966) and Loving v. Virginia (1967). CJ Warren also led the Warren Commission, which investigated the assassination of POTUS KENNEDY, was Governor of California from 1943-1953, and widely considered one of the nation’s most influential Chief Justices. CJ Burger was known more for his administrative acumen than for his intellect, and in 1974 authored the unanimous decision in United States v. Nixon, which rejected POTUS NIXON’s claim of Executive Privilege in the midst of the Watergate crimes, and eventually chose to resign, rather than face certain impeachment, thereby becoming the first POTUS to ever resign from office.]
Warren E. Burger, Chief Justice, United States Supreme Court, official portrait
Our metropolitan centers, and some suburban communities of America, are setting new records for homicides by handguns. Many of our large centers have up to 10 times the murder rate of all of Western Europe. In 1988, there were 9000 handgun murders in America. Last year, Washington, D.C., alone had more than 400 homicides — setting a new record for our capital.
The Constitution of the United States, in its Second Amendment, guarantees a “right of the people to keep and bear arms.” However, the meaning of this clause cannot be understood except by looking to the purpose, the setting and the objectives of the draftsmen. The first 10 amendments — the Bill of Rights — were not drafted at Philadelphia in 1787; that document came two years later than the Constitution. Most of the states already had bills of rights, but the Constitution might not have been ratified in 1788 if the states had not had assurances that a national Bill of Rights would soon be added.
People of that day were apprehensive about the new “monster” national government presented to them, and this helps explain the language and purpose of the Second Amendment. A few lines after the First Amendment’s guarantees — against “establishment of religion,” “free exercise” of religion, free speech and free press — came a guarantee that grew out of the deep-seated fear of a “national” or “standing” army. The same First Congress that approved the right to keep and bear arms also limited the national army to 840 men; Congress in the Second Amendment then provided:
“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.”
In the 1789 debate in Congress on James Madison’s proposed Bill of Rights, Elbridge Gerry argued that a state militia was necessary:
“to prevent the establishment of a standing army, the bane of liberty … Whenever governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia in order to raise and army upon their ruins.”
We see that the need for a state militia was the predicate of the “right” guaranteed; in short, it was declared “necessary” in order to have a state military force to protect the security of the state. That Second Amendment clause must be read as though the word “because” was the opening word of the guarantee. Today, of course, the “state militia” serves a very different purpose. A huge national defense establishment has taken over the role of the militia of 200 years ago.
Some have exploited these ancient concerns, blurring sporting guns — rifles, shotguns and even machine pistols — with all firearms, including what are now called Read the rest of this entry »
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