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[*] The second amendment to the United States Constitution reads: "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." The right to keep and bear arms is at the forefront of various emotional issues that confront society, especially the legal community.Nevertheless, judges have an obligation to interpret the Constitution, irrespective of their personal feelings, so as to carry out the intent of the Framers.
The French and Indian War taught the futility of European battle lines in the wilderness, and the colonists took a new and confident view of their ability to defend themselves.In marching through woods one thousand of these riflemen would cut to pieces ten thousand of your best troops.[E]verybody here was a bit of a soldier, none completely so.War was conducted without a professional army, without generals, and even without "soldiers" in the strict-European sense.The Second Amendment to the Federal Constitution would provide: "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." Such a view was uniquely American.In Europe rulers were reluctant to put the means of revolt into the hands of their subjects.Furthermore, self-defense was not simply a response to colonial conditions but had long been protected as a natural right at common law. Until late in the seventeenth century England had no standing army and until the nineteenth century no regular police force.
An armed and active citizenry was an English institution because the maintenance of order was everyone's business.The French and Indian War introduced the English to an unaccustomed kind of warfare.The French and their Indian guerrillas did not restrict their full-scale war to pitched battles, but also utilized the ambush and hit-and-run techniques, which have become the hallmark of modern guerrilla warfare.It will also demonstrate that the interpretation of this right by some courts lacks logic and accuracy.These mistaken approaches view (1) the right to arms as being exclusively collective rather than individual, or (2) only applying to the right of a state to maintain a militia, or (3) only preventing the impairment of a state's active, organized militia. These decisions would lead one to believe that the second amendment truly reads: "The right of states to keep militias and to arm them shall not be infringed." However, the Framers did not select such restrictive language; they selected broader language to guarantee the people the right to arms.The American Indian did not follow Grotius or Vattel's rules on the proper limits of warfare.