What do you really know about the Second Amendment? Here's what it does and why it exists

Paul G. Summers
·3 min read
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Editor's note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.

The U.S. Constitution is the supreme law of America. Amendments are part of the Constitution.

The first 10 Amendments, or Bill of Rights, were submitted to the state legislatures in September 1789.The Bill of Rights was ratified in December 1791.

Our Founders created three separate branches of government: legislative, executive and judicial. The first two are political; the judiciary is not.

Judges must be independent and follow the rule of law. Judges act as checks and balances on abuse of power by other branches. The Supreme Court ultimately decides whether a law or activity of any of the three branches of government comports with the Constitution. The Court decides constitutionality. The independence of the third branch is the crown jewel of our constitutional republic.

Another view: Why everyone should take a gun safety course

Second Amendment emerged as a compromise between the Founders

Amendment II.  “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.” 

A woman, who wished not to be identified, carries a custom made "assault plunger," as she joins other supporters of gun-rights and the second amendment at the Tennessee state Capitol April 14, 2018.
A woman, who wished not to be identified, carries a custom made "assault plunger," as she joins other supporters of gun-rights and the second amendment at the Tennessee state Capitol April 14, 2018.

The Revolutionary War produced two sets of patriots: the Federalists and the Anti-Federalists. The Federalists wanted a strong, national government; the Constitution was a way to have that national government.

Anti-Federalists felt a national government would not protect people far away from the Capitol. Hence, they proposed 12 amendments to the Constitution, 10 of which were ratified as the Bill of Rights. Part of the workable compromise between these two sets of patriots resulted in the ratification of the Bill of Rights.

The Second Amendment was part of that compromise between the Federalists and the Anti-Federalists. These two sets of patriots comprised the body we refer to as the Founding Fathers. They had set views, just like our leaders have set views in the 21st Century. The Fathers knew that the constitutional process was a compromise. They produced not only a Constitution but also the Bill of Rights.

This is how the Second Amendment has evolved

The Second Amendment originally banned the federal government from regulating guns, and states could regulate almost as much as they desired. That federal ban has modified over the years.

The Supreme Court has ruled that pursuant to the Second and 14th amendments, gun possession and ownership are individual rights afforded to citizens. That is not to say that it is an absolute right, and some limitations have been upheld by the judicial branch.

For example, a convicted felon, whether from state or federal court, cannot lawfully possess arms. In many states, a person who is addicted to substances or is not mentally competent cannot possess weapons or arms. Likewise, only dealers and persons specifically designated can possess or transport automatic weapons.

The  Second Amendment is an unalienable right, which cannot be taken away; but it has its reasonable limitations designed to protect other people.

The right to bear arms was a compromise between two sets of American patriots.

It has been a fundamental, unalienable American right since 1791.

Public safety and the Second Amendment can exist. However, there is most always an argument between gun control advocates and the Second Amendment libertarians. One group says that gun control laws restrict law-abiding citizens from exercising their constitutional right of protection. The gun control side disagrees. Ultimately, the Supreme Court decides on the facts of a case.

We shall continue in a future article with the Third Amendment. Constitutional study is time well spent.

Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the attorney general of Tennessee. Raised in Fayette County, Judge Summers resides in Nashville and Holladay. 4-19-2024

This article originally appeared on Nashville Tennessean: Civics education: Learn the basics of why the Second Amendment exists