Monthly Archives: July 2019

Corpora and the Second Amendment: “the right (of the people) to … bear arms”

An introduction and guide to this series of posts is available here. The corpus data can be downloaded here. Important: Use the “Download” button at the top right of the screen.

New URL for COFEA and COEME: https://lawcorpus.byu.edu.

Having dealt in my last post with how bear arms was ordinarily used and understood in 18th-century America, I’ll turn in this post to the question of how it was used in the Second Amendment.

I’ll begin by considering how the right to bear arms would most likely have been understood during the Founding Era. As I will explain, I think it would have been understood to mean something along the lines of ‘serve in the militia.’ I’ll then ask whether that conclusion is changed by the fact that the right to bear arms is described in the Second Amendment as belonging to “the people.” My answer will be that my conclusion is unchanged.

My next post will wrap up my examination of the Second Amendment by considering whether my interpretation is ruled out by the fact that the Second Amendment deals not simply with the right of the people to bear arms but with their right to keep and bear arms. And again, the answer will be no.

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Corpora and the Second Amendment: “bear arms” (part 3) [UPDATED]

[Part 1, Part 2.] An introduction and guide to this series of posts is available here. The corpus data can be downloaded here. Important: Use the “Download” button at the top right of the screen. 

New URL for COFEA and COEME: https://lawcorpus.byu.edu.

From The Public Records of the Colony of Connecticut
From October, 1735, to October, 1743, Inclusive

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THIS WILL BE my final post about bear arms, and it will be followed by a post on the right of the people to … bear arms and another on keep and bear arms. These posts will directly address the linguistic issues that are most important in evaluating the Supreme Court’s decision in District of Columbia v. Heller: how bear arms was ordinarily used in the America of the late 18th century, and how the right of the people, to keep and bear Arms was likely to have been understood.

As I’ve previously explained, the court held in Heller that at the time of the Framing, bear arms ordinarily meant ‘wear, bear, or carry … upon the person or in the clothing or in a pocket, for the purpose of being armed and ready for offensive or defensive action in a case of conflict with another person.’ In my last post, I discussed the uses of bear arms in the corpus that I thought were at least arguably consistent with that that meaning. Out of the 531 uses that I identified as being relevant, there were only 26 in that category—less than 5% of the total.

In this post I’ll discuss the other 95%.

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