Here you go: More than you ever wanted to know about the history of the Second Amendment:
I did a short thread yesterday, but I think I'll expand it today into a more complete thread.
Stand by for an [edited] transcription if you prefer to read.
I did a short thread yesterday, but I think I'll expand it today into a more complete thread.
Stand by for an [edited] transcription if you prefer to read.
Transcription: terikanefield.com/wp-admin/post.…
So what do we learn from the history of the Second Amendment?
Takeaway #1: There have always been gun control laws in America.
Examples from this incredible work of scholarship by @MarkFrassetto papers.ssrn.com/sol3/papers.cf…
So what do we learn from the history of the Second Amendment?
Takeaway #1: There have always been gun control laws in America.
Examples from this incredible work of scholarship by @MarkFrassetto papers.ssrn.com/sol3/papers.cf…
2/ This one, from Jamestown, 1631, makes it illegal to sell or give guns to Native Americans. Several other colonies passed similar laws.
White traders were profiting from the selling of guns, and the leaders of the colony said no. (Also "we want to be the only ones with guns").
White traders were profiting from the selling of guns, and the leaders of the colony said no. (Also "we want to be the only ones with guns").
3/ Another example: New Jersey, in 1758, had a law banning wearing pistols in public because it induced fear and quarrels.
At the same time, there were also laws requiring white men to own guns. (Wait, what?!)
At the same time, there were also laws requiring white men to own guns. (Wait, what?!)
5/ Yes. Laws requiring whites to own guns.
That way, if there was a slave rebellion or escape, the word would go out, and the whites would grab their guns and form their “militia.”
That's mostly what militias were used for, particularly in the South.
That way, if there was a slave rebellion or escape, the word would go out, and the whites would grab their guns and form their “militia.”
That's mostly what militias were used for, particularly in the South.
6/ Militia were also used in wars against Native Americans and in the Revolutionary War.
In the Revolutionary War, some southern states refused to send their state militias out of their state because they needed the militias at home to police their enslaved population.
In the Revolutionary War, some southern states refused to send their state militias out of their state because they needed the militias at home to police their enslaved population.
7/ Not surprisingly, some of these “militias,” accustomed to “fighting” enslaved people, were useless up against the British.
George Washington had this to say about citizen militias. founders.archives.gov/documents/Wash…
George Washington had this to say about citizen militias. founders.archives.gov/documents/Wash…
8/ Washington even said it was cheaper to pay a standing army than rely on citizen militias.
There was, however, the widespread idea among those accustomed to a monarchy that standing armies were a bad idea. . .
There was, however, the widespread idea among those accustomed to a monarchy that standing armies were a bad idea. . .
9/. . . and it was better to rely on citizen militias and call up an army when you needed one.
Imagine that now. December 7, 1941. Pearl Harbor has been attacked. Send out the word! Everyone grab your guns! We have a problem!
But the idea made sense in the 18th century.
Imagine that now. December 7, 1941. Pearl Harbor has been attacked. Send out the word! Everyone grab your guns! We have a problem!
But the idea made sense in the 18th century.
10/ This brings us to the drafting of the Constitution and the discussion in State legislatures as states considered whether to ratify it.
The constitution allows the Federal government to call into service state militias. This provision⤵️ worried Southern slave owners.
The constitution allows the Federal government to call into service state militias. This provision⤵️ worried Southern slave owners.
11/ James Randolf, George Mason, James Madison and other Virginians gathered to discuss the new Constitution.
They understood that putting the President in command of the state militias would allow the federal government to end slavery.
They understood that putting the President in command of the state militias would allow the federal government to end slavery.
12/ Sorry for the offensive quotation, but to demonstrate exactly what they were worried about, I had to include what Patrick Henry actually said.
No militias = no institution of slavery.
(Quotations from Waldman's book)
No militias = no institution of slavery.
(Quotations from Waldman's book)
Oh goodness. I flunk cut-and-paste.
Stand by for a link that works . . .
If you're wondering why I'm doing all this research, my book on the history of the Second Amendment will be published next year by Macmillan.
Stand by for a link that works . . .
If you're wondering why I'm doing all this research, my book on the history of the Second Amendment will be published next year by Macmillan.
https://twitter.com/MaverickLiz/status/1383835165231771651…
Transcript:terikanefield.com/what-we-learn-…
And now, back to our regularly scheduled programming . . .
And now, back to our regularly scheduled programming . . .
13/ James Madison, in response to that discussion, drafted the Second Amendment.
You can compare the draft Madison wrote to the final version.⤵️
We don’t know why the Senate made the changes because they left no record of their discussion. . .
You can compare the draft Madison wrote to the final version.⤵️
We don’t know why the Senate made the changes because they left no record of their discussion. . .
14/ The conscientious objection part was left out and the first two phrases were reordered.
The semicolons were replaced with commas making the phrase about “right to bear arms” dependent on the phrase about “well-regulated militias.”
The semicolons were replaced with commas making the phrase about “right to bear arms” dependent on the phrase about “well-regulated militias.”
15/ During the years immediately following the ratification of the Second Amendment, lots of states (including Virginia) passed various gun control laws.
@MarkFrassetto documented them here: papers.ssrn.com/sol3/papers.cf…
Some examples:
@MarkFrassetto documented them here: papers.ssrn.com/sol3/papers.cf…
Some examples:
16/ The fact that gun control laws existed before, during, and after the ratification of the 2nd Amendment pretty much obliterates the argument that the Amendment allows unfettered access to guns.
So how do we get from⤵️ to the idea that it protects individual gun ownership?
So how do we get from⤵️ to the idea that it protects individual gun ownership?
17/ The (modern) argument goes like this:
In the old days, militia members furnished their own guns, so they couldn’t have militias without individual gun ownership, thus the 2nd Amendment protects individual gun ownership.
me = 🤦♀️(we no longer rely on citizen militias!)
In the old days, militia members furnished their own guns, so they couldn’t have militias without individual gun ownership, thus the 2nd Amendment protects individual gun ownership.
me = 🤦♀️(we no longer rely on citizen militias!)
18/ I don’t like to go beyond 20 tweets in a thread so I have room to add comments, so I’ll wrap this up with three takeaways:
🔹There have always been gun control laws so the idea that the Second Amendment allows for unfettered access to guns is nonsensical.
🔹There have always been gun control laws so the idea that the Second Amendment allows for unfettered access to guns is nonsensical.
19/ I just realized that I entirely left out the part about all those pre-Civil War laws restricting Blacks from having guns, but you didn't need me to tell you that, right?
🔹The Second Amendment is steeped in our racist past. . .
🔹The Second Amendment is steeped in our racist past. . .
20/ The Second Amendment was written by slaveowners to preserve the institution of slavery and is thus steeped in our racist past.
🔹The Second Amendment is based on an outdated idea: The need to protect citizen militias.
🔹The Second Amendment is based on an outdated idea: The need to protect citizen militias.
Note: @MarkFrassetto opened his compilation of gun laws by quoting Scalia (the great originalist) in the Heller decision saying, "We didn't undertake an exhaustive historical analysis . . . "
Then Frasetto did the work 🔥which decimates Scalia's logic.
Then Frasetto did the work 🔥which decimates Scalia's logic.
https://twitter.com/Arethusa13/status/1383858163267432454
They answer.
They tell me things like: "Without guns, we wouldn't have won the Revolutionary War."
Me = 🙄🤣
Does that apply to all wars? Does that mean individuals have the right to tanks, machine guns, and hand grenades?
They tell me things like: "Without guns, we wouldn't have won the Revolutionary War."
Me = 🙄🤣
https://twitter.com/BostonDoug1/status/1383881735868280836…
Does that apply to all wars? Does that mean individuals have the right to tanks, machine guns, and hand grenades?
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