.
On every question of construction [of the Constitution] let us carry
ourselves back to the time when the Constitution was adopted, recollect
the spirit manifested in the debates, and instead of trying what meaning
may be squeezed out of the text, or intended against it, conform to the
probable one in which it was passed.
-- Thomas Jefferson, letter to William Johnson, 12 June 1823
To consider the judges as the ultimate arbiters of all constitutional
questions [is] a very dangerous doctrine indeed, and one which would place
us under the despotism of an oligarchy. Our judges are as honest as other
men and not more so. They have with others the same passions for party, for
power, and the privilege of their corps. Their maxim is boni judicis est
ampliare jurisdictionem [good justice is broad jurisdiction], and their
power the more dangerous as they are in office for life and not responsible,
as the other functionaries are, to the elective control. The constitution
has erected no such single tribunal, knowing that to whatever hands
confided, with the corruptions of time and party, its members would become
despots. It has more wisely made all the departments co-equal and
co-sovereign within themselves.
--Thomas Jefferson to W. Jarvis, 1820.
No free man shall ever be debarred the use of arms. The strongest reason for
the people to retain the right to keep and bear arms is, as a last resort, to
protect themselves against tyranny in government.
-- Thomas Jefferson, Proposal Virginia Constitution, June 1776 1 Thomas
Jefferson Papers, 334 (C. J. Boyd, Ed., 1950).
Laws that forbid the carrying of arms, disarm only those who are neither
inclined nor determined to commit crimes, such laws make things worse for the
assaulted and better for the assailants; they serve rather to encourage than
to prevent homicides, for an unarmed man may be attacked with greater
confidence than an armed man.
-- Thomas Jefferson
None but an armed nation can dispense with a standing army. To keep ours armed
and disciplined is therefore at all times important, but especially so at a
moment when rights the most essential to our welfare have been violated.
--Thomas Jefferson
A Strong body makes the mind strong. As to the species of exercises, I advise
the gun. While this gives moderate exercise to the body, it gives boldness,
enterprise, and independence to the mind. Games played with the ball and others
of that nature, are too violent for the body and stamp no character on the mind.
Let your gun therefore be the constant companion of your walks.
-- Thomas Jefferson
The beauty of the second amendment is that it will not be needed until they
try to take it.
-- Thomas Jefferson, Proposal Virginia Constitution
Congress shall never disarm any citizen unless such as are or have been in
actual rebellion.
-- James Madison
Americans have the right and advantage of being armed - unlike the citizens of
other countries whose governments are afraid to trust the people with arms.
-- James Madison, The Federalist Papers
The right of the people to keep and bear... arms shall not be infringed. A well
regulated militia, composed of the body of the people, trained to arms, is the
best and most natural defense of a free country...
-- James Madison, I Annals of Congress 434, 8 June 1789
Arms in the hands of civilians may be used at individual discretion...in private
self-defense.
-- James Madison
A government resting on the minority is an aristocracy, not a Republic, and
could not be safe with a numerical and physical force against it, without a
standing army, an enslaved press and a disarmed populace.
-- James Madison
The best we can hope for concerning the people at large is that they be properly
armed.
--Alexander Hamilton, The Federalist Papers
The constitution shall never be construed....to prevent the people of the
united states who are peaceable citizens from keeping their own arms.
- Alexander Hamilton
To
model our political system upon speculations of lasting tranquility,
is to calculate on the weaker springs of the human character.
-- Alexander Hamilton
...but if circumstances should at any time oblige the government to form an army
of any magnitude, that army can never be formidable to the liberties of the
people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights.
--Alexander Hamilton
"and include...all men capable of bearing arms"...
First, the constitution ought to secure a genuine and guard against a select
militia, by providing that the militia shall always be kept well organized, armed,
and disciplined, and include, according to the past and general usage of the
states, all men capable of bearing arms; and that all regulations tending to
render this general militia useless and defenseless, by establishing select
corps of militia, or distinct bodies of military men, not having permanent
interests and attachments in the community to be avoided.
-- Patrick Henry
Have we the means of resisting disciplined armies, when our only defense, the
militia, is put in the hands of Congress?
-- Patrick Henry
Are we at last brought to such humiliating and debasing degradation, that we
cannot be trusted with arms for our defense? Where is the difference between
having our arms in possession and under our direction, and having them under
the management of Congress? If our defense be the real object of having those
arms, in whose hands can they be trusted with more propriety, or equal safety
to us, as in our own hands?
-- Patrick Henry
Arms in the hands of citizens [may] be used at individual discretion.. ...in
private self-defense...
-- John Adams, A Defense of the Constitutions of the Government of the USA, 471 (1788)
I ask, sir, what is the militia? It is the whole people, except for a few public
officials.
-- George Mason, 3 Elliott, Debates at 425-426
Firearms stand next in importance to the Constitution itself. They are the
American people's liberty teeth and keystone under independence. From the hour
the Pilgrims landed, to the present day, events, occurrences and tendencies prove
that to ensure peace, security and happiness, the rifle and pistol are equally
indispensable. The very atmosphere of firearms everywhere restrains evil
interference - they deserve a place of honor with all that's good.
-- George Washington
The supposed quietude of a good man allures the ruffian; while on the other hand,
arms like laws discourage and keep the invader and the plunderer in awe, and
preserve order in the world as well as property. The same balance would be
preserved were all the world destitute of arms, for all would be alike; but
since some will not, others dare not lay them aside...Horrid mischief would
ensue were one half deprived the use of them...
-- Thomas Paine
The peaceable part of mankind will be overrun by the vile and abandoned while
they neglect the means of self-defense...[but] arms like laws discourage and
keep the invader and plunderer in awe...Horrid mischief would ensue were the
good deprived the use of them.
-- Thomas Paine
Arms discourage and keep the invader and plunderer in awe, and preserve order
in the world as well as property, horrid mischief would ensue were the law
abiding deprived of the use of them.
-- Thomas Paine
A militia, when properly formed, are in fact the people themselves...and
include all men capable of bearing arms.
-- Richard Henry Lee, Senator, First Congress, Additional Letters from the
Federal Farmer (1788) at 169
No free government was ever founded, or ever preserved its liberty, without
uniting the characters of the citizen and soldier in those destined for the
defense of the state...such area well-regulated militia, composed of the
freeholders, citizen and husbandman, who take up arms to preserve their property,
as individuals, and their rights as freemen. - Richard Henry Lee
Every free man has a right to the use of the press, so he has too the use of his
arms.
-- Tench Coxe
Who are the militia? Are they not ourselves? Congress has no power to disarm
the militia. Their swords, and every other terrible implement of the soldier,
are the birth-right of an American. The Unlimited power of the sword is not in
the hands of either the federal or state governments, but where I trust in God
it will ever remain, in the hands of the people.
-- Tench Coxe, Pennsylvania Gazette, 20 February 1788
That the powers of government may be resumed by the people whensoever it shall
become necessary to their happiness...That the people have a right to keep and
bear arms; that a well regulated militia, including the body of people capable
of bearing arms, is the proper, natural, and safe defense of a free state.
-- New York delegate to the Constitutional Convention, 1788
It is asserted by most respectable writers upon our government,that a
well-regulated militia, composed of the yeomanry of the country, have ever been
considered as the bulwark of a free people. Tyrants have never placed any
confidence on a militia composed of freemen
-- John Dewitt, 1788
The danger (where there is any) from armed citizens, is only to the government,
not to the society; as long as they have nothing to revenge in the government
(which they cannot have while it is in their own hands) there are many advantages
in their being accustomed to the use of arms and no possible disadvantage.
-- J. Barlow, 1792
That the said Constitution shall never be construed to authorize Congress to
infringe the just liberty of the press or the rights of conscience; or to prevent
the people of the United states who are peaceable citizens from keeping their own
arms...
-- Samuel Adams
What, sir, is the use of a militia? It is 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 an army upon their ruins.
-- Rep. Elbridge Gerry of Massachusetts, spoken during floor debate over the
Second Amendment, I Annals of Congress at 750, August 17, 1789
The possession of arms is the distinction between a freeman and a slave. He, who has nothing, and who himself
belongs to another, must be defended by him, whose property he is and needs no arms. But he, who thinks he is his
own master, and has what he can call his own, ought to have arms to defend himself, and what he possesses; else
he live precariously and at discretion. And though for a while, those, who have the sword in their power, abstain
from doing him injury, yet by degrees he will be awed
-- James Burgh, 1775
They[gun laws] disarm those only who are neither inclined nor determined to commit
crimes... Such laws make things worse for the assaulted and better for the
assailants; they serve rather to encourage than to prevent homicide, for an
unarmed man may be attacked with greater confidence than an armed man.
-- Beccaria, "On Crimes and Punishments", 1764
False is the idea of utility that sacrifices a thousand real advantages for one
imaginary or trifling inconvenience; that would take fire from men because it
burns, and water because one may drown in it; that has no remedy for evils,
except destruction. The laws that forbid the carrying of arms are laws of such
a nature.
-- Beccaria, "On Crimes and Punishments", 1764
The right of self-defense is the first law of nature; in most governments it has
been the study of rulers to confine this right within the narrowest possible
limits. ... and [when] the right of the people to keep and bear arms is, under
any color or pretext whatsoever, prohibited, liberty, if not already annihilated,
is on the brink of destruction
-- St. George Tucker, Judge of the Virginia Supreme Court 1803
The signification attributed to the term, Militia, appear from the debates in the
Convention, the history and legislation of Colonies and States, and the writings
of approved commentators. These show plainly enough that the Militia comprised all
males physically capable of acting in concert for the common defense... And
further, that ordinarily when called for service these men were expected to appear
bearing arms supplied by themselves and of a kind in common use at the time.
--US Supreme Court, US v Miller
The signification attributed to the term, Militia, appear from the debates in the
Convention, the history and legislation of Colonies and States, and the writings
of approved commentators. These show plainly enough that the Militia comprised all
males physically capable of acting in concert for the common defense... And
further, that ordinarily when called for service these men were expected to appear
bearing arms supplied by themselves and of a kind in common use at the time.
--US Supreme Court, US v Miller
It is undoubtedly true that all citizens capable of bearing arms constitute the
reserved military force or reserve militia of the United States as well as of
the States.
-- US Supreme Court, Presser v. Illinois
USC Title 10 (311 Militia: Composition and Classes) states, A: The Militia of the
United States consists of all able-bodied males at least 17 years of age and,
except as provided in section 313 of title 32, under 45 years of age who are,
or have made declaration of intention to become, citizens of the United States,
and of female citizens of the United States who are commissioned officers of
the National Guard.
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
-- Benjamin Franklin, Historical Review of Pennsylvania, 1759.
If women and girls would learn to shoot, they would add to their happiness by falling
in love with one of the finest outdoor sports.
-- Annie Oakley
If a
nation expects to be ignorant and free, in a state of civilization,
it expects what never was and never will be.
-- Thomas Jefferson, 1816
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