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READABLE BY ANY CITIZEN This exhaustive textual analysis of the Second Amendment would never have been necessary in the nearly first two hundred years of the republic. It was only beginning in the second half of the twentieth century that the Orwellian view gained currency that “the people” means the states or state-conscripted militia, that “right” means governmental power, that “keep” does not mean to possess, that “bear” does not mean carry, that “arms” do not include ordinary handguns and rifles, and that “infringe” does not include prohibition. But the Founders intended to, and did, word the Second Amendment in an easy to understand manner. Individuals have a right to have arms in their houses and to carry them, and the government may not violate that right. Recognition of the right promotes a militia composed of the body of the people, which is necessary for a free society. The Bill of Rights was intended to inform the ordinary citizen of his or her rights. Its meaning is not a monopoly of the governmental entities whose powers it was intended to limit. St. George Tucker said it best in his 1803 treatise, the first ever published on the Constitution, as follows: A bill of rights may be considered, not only as intended to give law, and assign limits to a government about to be established, but as giving information to the people. By reducing speculative truths to fundamental laws, every man of the meanest capacity and understanding may learn his own rights, and know when they are violated ....47 By knowing when one’s rights are violated, the citizen may signify his or her displeasure through mechanisms such as the ballot box and the jury box, and may resort to speech, the press, assembly, and petition to denounce the evil. As the experiences of the American Revolution proved, the right to keep and bear arms serves as the ultimate check that the Founders hoped would dissuade persons at the helm of state from seeking to establish tyranny. In hindsight, it would be difficult to quarrel with the success of the Founders’ vision.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms (Independent Studies in Political Economy))