The Constitution as originally adopted granted to the Congress
power - "To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel Invasions; To
provide for organizing, arming, and disciplining, the Militia, and
for governing such Part of them as may be employed in the Service
of the United States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of training the
Militia according to the discipline prescribed by Congress." With
obvious purpose to assure the continuation and render possible the
effectiveness of such forces the declaration and guarantee of the
Second Amendment were made. It must be interpreted and applied
with that end in view.
The Militia which the States were expected to maintain and
train is set in contrast with Troops which they were forbidden to
keep without the consent of Congress. The sentiment of the time
strongly disfavored standing armies; the common view was that
adequate defense of country and laws could be secured through the
Militia - civilians primarily, soldiers on occasion.
The signification attributed to the term Militia appears
from the debates in the Convention, the history and legislation
of Colonies and States, and the writings of approved commentators.
These show plainly enough that the Militia comprised all males
physically capable of acting in concert for the common defense.
"A body of citizens enrolled for military discipline." And further,
that ordinarily when called for service these men were expected to
appear bearing arms supplied by themselves and of the kind in
common use at the time.
Blackstone's Commentaries, Vol. 2, Ch. 13, p. 409 points
out "that king Alfred first settled a national militia in this
kingdom," and traces the subsequent development and use of such
forces.
Adam Smith's Wealth of Nations, Book V, Ch. 1, contains an
extended account of the Militia. It is there said: "Men of
republican principles have been jealous of a standing army as
dangerous to liberty." "In a militia, the character of the
labourer, artificer, or tradesman, predominates over that of the
soldier: in a standing army, that of the soldier predominates over
every other character; and in this distinction seems to consist the
essential difference between those two different species of
military force."
"The American Colonies In The 17th Century," Osgood, Vol. 1,
ch. XIII, affirms in reference to the early system of defense in
New England-
"In all the colonies, as in England, the militia system was
based on the principle of the assize of arms. This implied the
general obligation of all adult male inhabitants to possess arms,
and, with certain exceptions, to cooperate in the work of defence."
"The possession of arms also implied the possession of ammunition,
and the authorities paid quite as much attention to the latter as
to the former." "A year later [1632] it was ordered that any single
man who had not furnished himself with arms might be put out to
service, and this became a permanent part of the legislation of
the colony [Massachusetts]."
Also "Clauses intended to insure the possession of arms and
ammunition by all who were subject to military service appear in
all the important enactments concerning military affairs. Fines
were the penalty for delinquency, whether of towns or individuals.
According to the usage of the times, the infantry of Massachusetts
consisted of pikemen and musketeers. The law, as enacted in l649
and thereafter, provided that each of the former should be armed
with a pike, corselet, head-piece, sword, and knapsack. The
musketeer should carry a 'good fixed musket,' not under bastard
musket bore, not less than three feet, nine inches, nor more than
four feet three inches in length, a priming wire, scourer, and
mould, a sword, rest, bandoleers, one pound of powder, twenty
bullets, and two fathoms of match. The law also required that
two-thirds of each company should be musketeers."
The General Court of Massachusetts, January Session 1784,
provided for the organization and government of the Militia. It
directed that the Train Band should "contain all able bodied men,
from sixteen to forty years of age, and the Alarm List, all other
men under sixty years of age,..." Also, "That every non-
commissioned officer and private soldier of the said militia not
under the controul of parents, masters or guardians, and being of
sufficient ability therefor in the judgment of the Selectmen of the
town in which he shall dwell, shall equip himself, and be
constantly provided with a good fire arm," &c.
By an Act passed April 4, 1786 the New York Legislature
directed: "That every able-bodied Male Person, being a Citizen of
this State, or of any of the United States, and residing in this
State, (except such Persons as are hereinafter excepted) and who
are of the Age of Sixteen, and under the Age of Forty-five Years,
shall, by the Captain or commanding Officer of the Beat in which
such Citizens shall reside, within four Months after the passing of
this Act, be enrolled in the Company of such Beat . . . . That
every Citizen so enrolled and notified, shall, within three Months
thereafter, provide himself, at his own Expense, with a good Musket
or Firelock, a sufficient Bayonet and Belt, a Pouch with a Box
therein to contain not less than Twenty-four Cartridges suited to
the Bore of his Musket or Firelock, each Cartridge containing a
proper Quantity of Powder and Ball, two spare Flints, a Blanket and
Knapsack;..."
The General Assembly of Virginia, October, 1785, (12 Hening's
Statutes) declared, "The defense and safety of the commonwealth
depend upon having its citizens properly armed and taught the
knowledge of military duty."
It further provided for organization and control of the
Militia and directed that "All free male persons between the ages
of eighteen and fifty years," with certain exceptions, "shall be
inrolled or formed into companies." "There shall be a private
muster of every company once in two months."
Also that "Every officer and soldier shall appear at his
respective muster-field on the day appointed, by eleven o'clock in
the forenoon, armed, equipped, and accoutred, as follows: . . .
every noncommissioned officer and private with a good, clean musket
carrying an ounce ball, and three feet eight inches long in the
barrel, with a good bayonet and iron ramrod well fitted thereto, a
cartridge box properly made, to contain and secure twenty
cartridges fitted to his musket, a good knapsack and canteen, and
moreover, each non-commissioned officer and Private shall have at
every muster one pound of good powder, and four pounds of lead,
including twenty blind cartridges; and each serjeant shall have a
pair of moulds fit to cast balls for their respective companies, to
be purchased by the commanding officer out of the monies arising on
delinquencies. Provided, That the militia of the counties westward
of the Blue Ridge, and the counties below adjoining thereto, shall
not be obliged to be armed with muskets, but may have good rifles
with proper accoutrements, in lieu thereof. And every of the said
officers, non-commissioned officers, and privates, shall constantly
keep the aforesaid arms, accoutrements, and ammunition, ready to be
produced whenever called for by his commanding officer. If any
private shall make it appear to the satisfaction of the court
hereafter to be appointed for trying delinquencies under this act
that he is so poor that he cannot purchase the arms herein
required, such court shall cause them to be purchased out of the
money arising from delinquents."
Most if not all of the States have adopted provisions touching
the right to keep and bear arms. Differences in the language
employed in these have naturally led to somewhat variant conclusions
concerning the scope of the right guaranteed.
US Supreme Court Justice James C. McReynolds
in U.S. v. Miller, 307 U.S. 174 (1939)
