The Political Philosophy and Historical Origins of the Second Amendment to the US Constitution

Date
2014-01
Authors
Schneider, Thomas James
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Faculty of Graduate Studies and Research, University of Regina
Abstract

The Second Amendment to the US Constitution states that a well regulated militia and the right of the people to bear arms are necessary for the security of a free state. What were the philosophical and historical origins of this hallmark of American freedom? What was the ‘militia’ understood to mean for the founding generation of Americans? How have the courts and legislatures of the United States played a role in shaping the outcome of this right? The right to bear arms is derived from a graduation of historical ideas that culminated in the American War for Independence. It is my contention that both republican and liberal influences over the course of European (primarily English) philosophical and legal history propelled the Americans to try to secure arms and militias through the Second Amendment. These two social institutions, the republican militia and the liberal democratic access to arms, are not mutually exclusive and in fact support one another. The American militia was intended as a states-centric defensive military unit. The militia was also primarily intended to quell internal disturbances and provide an outlet by which moral virtue was achieved via a martial and engaged citizenry. The courts have recently been concerned with the historical meaning of the Second Amendment as a means of properly deciding cases. Laws are being challenged and legal precedents reversed as a result of a wider understanding of where and why this right came into existence. These cases have had a long lasting impact upon American citizens and political scientists alike. I utilized a variety of primary and secondary resources, delving deep into American and European history. It was only after a clear theme emerged that I was able to determine where in fact the Second Amendment originated and explore the nuances of the law, its philosophical underpinnings and legal ramifications. The Second Amendment as a concept and as an institution has been tested in American history – this was examined and explained. A free citizen is to be an armed citizen, capable of defending his freedom via a well-regulated militia.

Description
A Thesis Submitted to the Faculty of Graduate Studies and Research In Partial Fulfillment of the Requirements for the Degree of Master of Arts in Political Science, University of Regina. v, 119 p.
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