The Second Amendment: A Biography

Abstract

This article traces the legal and cultural history of the Second Amendment from its ratification to the present day. Waldman documents how the amendment was understood in its original context as primarily protecting the militia, how it was largely ignored in constitutional jurisprudence for two centuries, and how a concerted political and legal campaign transformed it into an individual right. The analysis examines the historical, textual, and structural arguments on both sides of the individual rights versus collective rights debate, providing context for the Supreme Court's landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago.

Key Findings

• The original understanding of the Second Amendment was closely tied to militia service
• For most of American history, the amendment was not understood to guarantee an individual right
• The individual rights interpretation gained legal and political traction beginning in the 1970s
• The Heller decision represented a significant departure from prior judicial understanding

Related Statutes

• U.S. Constitution, Second Amendment
• National Firearms Act of 1934
• Gun Control Act of 1968

Related Cases

• District of Columbia v. Heller (2008)
• McDonald v. City of Chicago (2010)
• United States v. Miller (1939)