In DC versus Heller of 54 decision,
00:03
the Supreme Court decided that the Second Amendment was
00:05
in fact to protect an individual right.
00:08
But that was not the original intent.
00:10
Yes, the majority was wrong.
00:12
The Heller case arose after the district of Columbia
00:14
enacted a number of gun regulations,
00:17
essentially making operational handguns illegal.
00:21
In order to oppose this and rule as they did,
00:24
the majority had to do a history dance,
00:27
taking us back as far as the English Bill of rights,
00:30
which was passed in 1689.
00:33
But the crux of the argument is really pretty simple.
00:35
Whether or not the term militia
00:37
refers to an individual right
00:39
or the collective right of states.
00:41
The deep dive is completely unnecessary,
00:44
as the Constitution itself gives us a definition.
00:48
Here’s a Second Amendment.
00:49
Read it carefully.
00:50
In article one, section 8,
00:52
under the powers of Congress,
00:53
it says, to provide for calling forth the militia
00:56
to execute the laws of the union,
00:58
suppress insurrections and repel invasions.
01:01
To provide for organizing,
01:02
arming, and disciplining the militia,
01:04
and for governing such part of them
01:06
as may be employed in the service United States,
01:09
preserving to the states,
01:10
respectively,
01:11
the appointment of the officers
01:12
and the authority of training the militia
01:14
according to the discipline prescribed by Congress.
01:16
The Second Amendment is seen by many is sacred.
01:19
I was one of them.
01:20
But the Constitution is a political document
01:23
with political interests involved in its creation.
01:26
For instance,
01:26
James Madison didn’t initially Want a Bill of rights.
01:29
But in order to get the Constitution ratified,
01:31
he argued for them in the Federalist Papers.
01:34
To get primarily southern states on board.
01:36
Southern states wanted to make sure
01:38
that they could keep their own militias.
01:39
To check the power of the Fed.
01:41
And the number
01:42
one reason they were concerned about this slavery.
01:45
And finally,
01:46
these militias were primarily made up of people
01:48
who were using their own weapons,
01:50
and they wanted to make sure
01:51
that the feds couldn’t confiscate them.
