American Dialogue: The Founders and Us

by Joseph J. Ellis

That said, it was in fact possible to render an originalist interpretation of the Second Amendment in Heller. There is no need to conjure up such an opinion because Justice John Paul Stevens wrote it in his impassioned dissent. “The Second Amendment was adopted to protect the right of the people of each of the several states to maintain a well-regulated militia,” he declared. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several states. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.