Amendment Quote by Antonin Scalia
“It would also be strange to find in the midst of a catalog of the rights of individuals a provision securing to the states the right to maintain a designated "Militia." Dispassionate scholarship suggests quite strongly that the right of the people to keep and bear arms meant just that.”
About This Quote
Source Legal Opinion: United States Supreme Court, District of Columbia v. Heller, 2008
The Constitution's militia clause was intended to allow individuals to keep and bear arms, not to empower states.
In simple terms: Right to arms is individual.
Key Takeaway
Defend personal gun ownership rights.
Themes
law
constitution
rights
Mood
analytical
serious
Type
legal
political
When to use this quote
- gun control debates
- legal challenges
- policy making
Key Concepts
individual liberty
militia clause
interpretation of law
Questions to Reflect On
- What is the original intent of the militia clause?
- How should modern law reflect historical intent?
A Different Perspective
Interpretations vary among scholars.
![“Militias, when properly formed, are in fact the people themselves and include all men capable of bearing arms. [...] To preserve liberty it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.” quote by Richard Henry Lee](https://sms4smile.com/quotes/img-quotes/4cf/richard-henry-lee-32108_2-amendment_militias-when-properly-formed-are-in-fac_1843730.jpg)
