color of law
Accomplished Advocate
Are second Amendment supporters a “Class of Persons”?
“The Right of the People”
The Second Amendment’s recognition of a “right” that belongs to “the people” indicates a right of individuals. The “people” are not a “State,” nor are they the “Militia.” The Second Amendment distinctly uses all three of these terms, yet it secures a “right” only to the “people.”
The phrase “the right of the people” appears two other times in the Bill of Rights. Both times refers to a personal right, which belongs to individuals. The First Amendment secures “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Fourth safeguards “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” In addition, the Ninth Amendment refers to “rights . . . retained by the people.” Therefore, the phrase in the Second Amendment plainly means as used in these other amendments.
The Supreme Court, in United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990), in interpreting the Fourth Amendment, recognized that the Constitution uses “the people,” and especially “the right of the people,” to refer to individuals:
The question, are second Amendment supporters a “Class of Persons”? Well, according to the Supreme Court, yesthey we are.
Your thoughts.
“The Right of the People”
The Second Amendment’s recognition of a “right” that belongs to “the people” indicates a right of individuals. The “people” are not a “State,” nor are they the “Militia.” The Second Amendment distinctly uses all three of these terms, yet it secures a “right” only to the “people.”
The phrase “the right of the people” appears two other times in the Bill of Rights. Both times refers to a personal right, which belongs to individuals. The First Amendment secures “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Fourth safeguards “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” In addition, the Ninth Amendment refers to “rights . . . retained by the people.” Therefore, the phrase in the Second Amendment plainly means as used in these other amendments.
The Supreme Court, in United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990), in interpreting the Fourth Amendment, recognized that the Constitution uses “the people,” and especially “the right of the people,” to refer to individuals:
So, when “the people” appears in the phrase “the right of the people” in the Constitution, we must conclude that it indicates a personal right of individuals or class of persons, whether that be a right to assemble and petition, to be secure in one’s person and property, or to keep and bear arms.“[T]he people” seems to have been a term of art employed in select parts of the Constitution. The Preamble declares that the Constitution is ordained and established by “the People of the United States.” The Second Amendment protects “the right of the people to keep and bear Arms,” and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to “the people.” See also U.S. Const., Amdt. 1 (“Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble”) (emphasis added); Art. I, § 2, cl. 1 (“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States”) (emphasis added). While this textual exegesis is by no means conclusive, it suggests that “the people” protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community. (My bolding)
The question, are second Amendment supporters a “Class of Persons”? Well, according to the Supreme Court, yes
Your thoughts.