DON'T BE DUPED: Founders Crafted 2nd Amendment to ensure Americans were CITIZENS--not Serfs

Published on May 19, 2023
Duration: 19:35

This video, hosted by constitutional attorney Mark Smith, delves into the historical and legal underpinnings of the Second Amendment, contrasting it with English laws of the time. Smith argues that the Second Amendment codifies a pre-existing right with a broader conception of liberty than English ancestors possessed, citing Supreme Court decisions like Heller and McDonald. The discussion highlights how American law, particularly the 'common use' standard for protected firearms, differs from English interpretations, emphasizing that weapons in common use for lawful purposes cannot be deemed 'unusual'.

Quick Summary

The US Second Amendment codifies a pre-existing right, reflecting a broader conception of liberty than English laws. Unlike English restrictions, it applies to 'the people' without religious or conditional limitations. The 'common use' standard protects firearms widely owned for lawful purposes, as they cannot be deemed 'unusual' and banned.

Chapters

  1. 00:00Introduction: Founding Fathers' Broader Liberty
  2. 00:35Host Introduction: Mark Smith, Constitutional Attorney
  3. 01:01Intellectual Deep Dive: Second Amendment Origins
  4. 01:15Right to Bear Arms: Not Created by the Amendment
  5. 02:04Supreme Court on Pre-existing Rights (Heller)
  6. 03:59The Rub: Comparing English vs. US Rights
  7. 04:27English Declaration of Rights 1689 Limitations
  8. 05:32Founding Fathers' Broader Conception of Liberty
  9. 06:07Four Reasons for American Liberty's Breadth
  10. 07:32Second Amendment vs. English Law Examples
  11. 08:45Protestants vs. All People: Arms Rights
  12. 09:01Banning AR-15s and the 'Common Use' Standard
  13. 09:24William Blackstone and English Law
  14. 11:06Blackstone on Dangerous or Unusual Weapons
  15. 12:11Contrasting Blackstone with US Supreme Court
  16. 13:04Dangerous AND Unusual Weapons Test
  17. 15:06American vs. English Interpretation: Dangerous AND Unusual
  18. 15:25Broader Liberty in Other Bill of Rights Aspects
  19. 15:50First Amendment: Petition, Assembly, Religion
  20. 19:04Conclusion: Greater Wisdom of Founders

Frequently Asked Questions

What is the historical basis for the Second Amendment's right to bear arms?

The Second Amendment codifies a pre-existing right that Americans possessed before the amendment's ratification in 1791. This right is rooted in a broader conception of liberty held by the Founding Fathers compared to their English ancestors.

How did English laws on bearing arms differ from the US Second Amendment?

English laws, like the Declaration of Rights of 1689, were often limited to specific groups (e.g., Protestants) and subject to legal allowances. The US Second Amendment, however, protects 'the people' without such religious or conditional restrictions.

What is the significance of William Blackstone's Commentaries regarding firearms law?

Blackstone's Commentaries summarized English common law, including prohibitions on carrying 'dangerous or unusual weapons.' This text influenced American legal thought, but the US Supreme Court's interpretation evolved to a 'dangerous AND unusual' conjunctive test.

What is the 'common use' standard for firearms protection in the US?

The 'common use' standard, established by Supreme Court rulings, protects firearms that are in common use for lawful purposes. If a firearm is widely owned and used legally, it cannot be considered 'unusual' and thus is protected from bans.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from The Four Boxes Diner

View all →