James Madison
The Second Amendment to the Constitution provides:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Congress adopted that wording and proposed it to the States in 1789. It became part of the Bill of Rights which the States ratified in 1791. As the text and the drafting history demonstrate, the Amendment was intended to guarantee the right of individuals to possess and keep ordinary firearms.
In June of 1789, James Madison stated that the Bill of Rights should expressly declare the great rights of mankind secured under this constitution. In a draft of his speech, Madison referred to the rights of “freedom of press – Conscience . . . arms” as “private rights.” This is Madison’s first draft of the “arms” provision:
The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
Ten days later, Federalist Tench Coxe explained: “As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article in their right to keep and bear their private arms.” Madison endorsed Coxe’s analysis.
Madison’s draft was referred to a House Select Committee. Roger Sherman, a committee member, drafted his own amendments, including that “The militia shall be under the government of the laws of the respective states, when not in the actual service of the United States . . . .” The Committee reported a revised version of Madison’s draft:
A well regulated militia, 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 person religiously scrupulous shall be compelled to bear arms.
“Country” had been changed to “State,” but the word “free” was retained to differentiate from a “State Government.”
After much debate, the definition of “militia” became more concise, and the religious objector clause was removed. The final rendition of the Second Amendment then became the words that are familiar to most of us:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
For further analysis, read “Understanding the Second Amendment.”
Reference: Amicus Curiae Brief D.C. vs. Heller, Holbrook, et al (PDF).
Cross posted at Cap’n Bob & the Damsel