Tuesday, February 27, 2018

The Brutal Origins of Gun Rights

"These days, debates over the Second Amendment invariably turn on interpreting the connotation of “militia” in the stipulation that: “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.” Liberals will often argue that gun ownership was always intended to be tethered to participation in institutions like the early Colonial Army or today’s National Guard. Conservatives tend to retort, in so many words, that “the people” were always meant to have guns as such, since an armed citizenry functions as a putative check on tyrannical government over-reach. When polled, a majority of Americans say they believe the Second Amendment guarantees an individual right to bear arms, regardless of participation in formal militias, whether “for hunting” or, as the Supreme Court ruled in 2008 District of Columbia vs. Heller, for lawful “self-defense.”

A distinguished scholar of Native American history, Dunbar-Ortiz dismisses these debates as a red herring. As she pointedly notes, at the time of the Second Amendment’s drafting, other lines elsewhere in America’s founding documents already provided for the existence of formal militias, and multiple early state constitutions had spelled out an individual right to bear arms besides. What the Second Amendment guarantees is instead something else: “the violent appropriation of Native land by white settlers … as an individual right.”

On the brutal origins of gun rights in the New Republic.

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