Revisiting the Original Congressional Debates about the Second Amendment

55 Pages Posted: 18 Aug 2022

Date Written: August 9, 2022

Abstract

Many scholars and courts have written about the historical background of the Second Amendment, either to emphasize its connection to state-level citizen militias or to argue that the Amendment protects an individual right to own and carry guns for self-defense. While many authors have mentioned the original Congressional debates about the Second Amendment, the literature is missing a thorough, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. This Article attempts to fill this gap by providing a methodical discussion of each comment or argument made in Congress when the Second Amendment was under consideration. This discussion addresses how each of the Congressmen’s comments connect to public statements made by the same members of Congress in the months that followed on related topics: taxation and public debt related to militias, the supply of available firearms and their legal status as private or public property, the institution of slavery, westward expansion, and especially the complications for each of these issues posed by the Quakers, who became the center of attention during the debates about the Second Amendment. These original Congressional debates have taken on more importance following the Supreme Court’s recent holding that courts should decide Second Amendment challenges based historical evidence from the years immediately preceding and following ratification. While this Article does not take a position on current litigation over modern firearm regulations, the discussion here can offer courts and commentators new insights into the original public meaning of the Second Amendment.

Keywords: originalism, Second Amendment, Congress, history, law, guns, firearms, Quakers, Quaker, Heller, Bruen, militia

JEL Classification: K10, K29

Suggested Citation

Stevenson, Drury D., Revisiting the Original Congressional Debates about the Second Amendment (August 9, 2022). Available at SSRN: https://ssrn.com/abstract=4186326 or http://dx.doi.org/10.2139/ssrn.4186326

Drury D. Stevenson (Contact Author)

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States
713-646-1897 (Phone)

HOME PAGE: http://www.stcl.edu

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
123
Abstract Views
459
rank
319,807
PlumX Metrics