Chief Justice Warren Burger On 2nd Amendment
Introduction
The Second Amendment of the United States Constitution has been a topic of debate for many years. It states, "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." Many people interpret this amendment in different ways. One of the most significant interpretations came from Chief Justice Warren Burger.
Who Was Chief Justice Warren Burger?
Warren Earl Burger was an American lawyer, jurist, and politician who served as the 15th Chief Justice of the United States from 1969 to 1986. He was appointed by President Richard Nixon and was known for his conservative views. He was also a strong advocate for strict interpretation of the Constitution.
Chief Justice Burger's Interpretation of the Second Amendment
In 1991, Chief Justice Warren Burger gave an interview to PBS about his interpretation of the Second Amendment. He stated that the Second Amendment "has been the subject of one of the greatest pieces of fraud, I repeat the word 'fraud,' on the American public by special interest groups that I have ever seen in my lifetime."
He went on to explain that the Second Amendment was written in a time when the United States did not have a standing army. The amendment was meant to ensure that the states could form their own militias to protect themselves. It was not intended to give individuals the right to bear arms.
Why Did Chief Justice Burger Believe This?
Chief Justice Burger believed that the Second Amendment was misinterpreted by special interest groups, such as the National Rifle Association (NRA), to promote their own agenda. He felt that the Second Amendment was being used to justify the ownership of guns for personal use, which he believed was not the intention of the amendment.
He argued that the Second Amendment was written to protect the sovereignty of the states and their ability to defend themselves against a tyrannical federal government. He believed that the right to bear arms should be limited to those who were part of a well-regulated militia.
What Was the Response to Chief Justice Burger's Interpretation?
Chief Justice Burger's interpretation of the Second Amendment was controversial and received a lot of criticism from gun rights advocates. The NRA disagreed with his interpretation and argued that the Second Amendment did give individuals the right to bear arms.
However, Chief Justice Burger's interpretation was not without support. Many legal scholars agreed with his view that the Second Amendment was intended to protect the states' right to form militias, not individuals' right to bear arms.
Conclusion
The Second Amendment of the United States Constitution continues to be a topic of debate, and Chief Justice Warren Burger's interpretation of the amendment is still discussed today. While his view was controversial, it did bring attention to the issue of gun control and the role of the Second Amendment in American society.
