Citation

Kinney B. Am. J. Leg. Hist. 2022; 62(3): 237-261.

Copyright

(Copyright © 2022, Temple University School of Law)

DOI

10.1093/ajlh/njac017

PMID

unavailable

Abstract

This article seeks to uncover the original public meaning of the Second Amendment by scrutinizing unusual and previously unexamined sources: German-American translations of the Bill of Rights during the Founding Era. Translations offer a unique perspective of political culture, because they served as thoughtful analysis and contextual commentary on the source text. Using six German-American translations in the Founding Era, this article argues that the public understanding of the Second Amendment during the Founding Era was one that recognized the individual right to own firearms for individual use unconnected to militia service as well as a constitutional endorsement of an armed population as the best bulwark to preserve the liberty of the national people. Though the exact text of the translations differ across publishers and states, they retain thematic and syntactic similarities that suggest a public consensus over the meaning of the text. The notion that the Second Amendment protects an individual right rather than a collective one is borne out by additional translations well into the mid-nineteenth century. Printers adjusted their translations of the amendment after the militia as a military institution had fallen into disuse but preserved or strengthened the clause protecting the individual right to arms rather than letting it 'fall silent'.

Language: en