How the NRA Rewrote the Second Amendment - POLITICO Magazine - "The Founders never intended to create an unregulated individual right to a gun. Today, millions believe they did. Here’s how it happened." - May 19, 2014
“A fraud on the American public.” That’s how former Chief Justice Warren Burger described the idea that the Second Amendment gives an unfettered individual right to a gun. When he spoke these words to PBS in 1990, the rock-ribbed conservative appointed by Richard Nixon was expressing the longtime consensus of historians and judges across the political spectrum.
Twenty-five years later, Burger’s view seems as quaint as a powdered wig.
Many are startled to learn that the U.S. Supreme Court didn’t rule that the Second Amendment guarantees an individual’s right to own a gun until 2008, when District of Columbia v. Heller struck down the capital’s law effectively banning handguns in the home. In fact, every other time the court had ruled previously, it had ruled otherwise. Why such a head-snapping turnaround? Don’t look for answers in dusty law books or the arcane reaches of theory.
Instead,
The National Rifle Association’s long crusade to bring its interpretation of the Constitution into the mainstream teaches a different lesson: Constitutional change is the product of public argument and political maneuvering. The pro-gun movement may have started with scholarship, but then it targeted public opinion and shifted the organs of government. By the time the issue reached the Supreme Court, the desired new doctrine fell like a ripe apple from a tree.
Then going into the history around the 2nd Amendment.
The Federalists wanted a strong central government, but the Anti-Federalists didn't.
The foes worried, among other things, that the new government would establish a “standing army” of professional soldiers and would disarm the 13 state militias, made up of part-time citizen-soldiers and revered as bulwarks against tyranny. These militias were the product of a world of civic duty and governmental compulsion utterly alien to us today. Every white man age 16 to 60 was enrolled. He was actually required to own—and bring—a musket or other military weapon.
On June 8, 1789, James Madison—an ardent Federalist who had won election to Congress only after agreeing to push for changes to the newly ratified Constitution—proposed 17 amendments on topics ranging from the size of congressional districts to legislative pay to the right to religious freedom. One addressed the “well regulated militia” and the right “to keep and bear arms.” We don’t really know what he meant by it. At the time, Americans expected to be able to own guns, a legacy of English common law and rights. But the overwhelming use of the phrase “bear arms” in those days referred to military activities.
There is not a single word about an individual’s right to a gun for self-defense or recreation in Madison’s notes from the Constitutional Convention. Nor was it mentioned, with a few scattered exceptions, in the records of the ratification debates in the states. Nor did the U.S. House of Representatives discuss the topic as it marked up the Bill of Rights. In fact, the original version passed by the House included a conscientious objector provision. “A well regulated militia,” it explained, “composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed, but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person.”
So it was over most of the US's history, with the courts upholading laws on everything from where gunpowder could be stored to who could carry a gun.
Four times between 1876 and 1939, the U.S. Supreme Court declined to rule that the Second Amendment protected individual gun ownership outside the context of a militia. As the Tennessee Supreme Court put it in 1840, “A man in the pursuit of deer, elk, and buffaloes might carry his rifle every day for forty years, and yet it would never be said of him that he had borne arms; much less could it be said that a private citizen bears arms because he has a dirk or pistol concealed under his clothes, or a spear in a cane.”
Then the National Rifle Association.
The NRA was founded by a group of Union officers after the Civil War who, perturbed by their troops’ poor marksmanship, wanted a way to sponsor shooting training and competitions. The group testified in support of the first federal gun law in 1934, which cracked down on the machine guns beloved by Bonnie and Clyde and other bank robbers. When a lawmaker asked whether the proposal violated the Constitution, the NRA witness responded, “I have not given it any study from that point of view.” The group lobbied quietly against the most stringent regulations, but its principal focus was hunting and sportsmanship: bagging deer, not blocking laws. In the late 1950s, it opened a new headquarters to house its hundreds of employees. Metal letters on the facade spelled out its purpose: firearms safety education, marksmanship training, shooting for recreation.
But in a 1977 meeting, some activists did the "Revolt at Cincinnati". "Activists from the Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms pushed their way into power."
This activist revolt was followed by tax revolts and the Sagebrush Rebellion against Interior Department land policies.
Politicians adjusted in turn. The 1972 Republican platform had supported gun control, with a focus on restricting the sale of “cheap handguns.” Just three years later in 1975, preparing to challenge Gerald R. Ford for the Republican nomination, Reagan wrote in Guns & Ammo magazine, “The Second Amendment is clear, or ought to be. It appears to leave little if any leeway for the gun control advocate.” By 1980 the GOP platform proclaimed, “We believe the right of citizens to keep and bear arms must be preserved. Accordingly, we oppose federal registration of firearms.” That year the NRA gave Reagan its first-ever presidential endorsement.
Today at the NRA’s headquarters in Fairfax, Virginia, oversized letters on the facade no longer refer to “marksmanship” and “safety.” Instead, the Second Amendment is emblazoned on a wall of the building’s lobby. Visitors might not notice that the text is incomplete. It reads:
“.. the right of the people to keep and bear arms, shall not be infringed.”
The first half—the part about the well regulated militia—has been edited out.
Then about the individual-rights interpretation, "If one delves into the claims these scholars were making, a startling number of them crumble."
"In the end, it was neither the NRA nor the Bush administration that pressed the Supreme Court to reverse its centuries-old approach, but a small group of libertarian lawyers who believed other gun advocates were too timid."
Then some lessons that left-wing activists can learn from the NRA's triumph. Like patience and there being no substitute for political organizing. "Before social movements can win at the court they must win at the ballot box."
"But even more important is this: Activists turned their fight over gun control into a constitutional crusade." and "Deep notions of freedom and rights have retained totemic power."
So it may be hard to reassure the gun nuts that they can keep their guns if they are well-behaved.
"Liberal lawyers might once have rushed to court at the slightest provocation. Now, they are starting to realize that a long, full jurisprudential campaign is needed to achieve major goals."
That's true of political movement building in general.
