For about two hundred years, the meaning of the Second Amendment was clear and mostly undisputed, despite the gnarled syntax of the text itself: “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.” Generations of Supreme Court and academic opinion held that the amendment did not confer on individuals a right “to keep and bear Arms” but, rather, referred only to the privileges belonging to state militias. This was not a controversial view. The late Chief Justice Warren E. Burger said, in 1991, that the idea that the Second Amendment conferred a right for individuals to bear arms was “a fraud on the American public.” Burger was no liberal, and his view simply reflected the overwhelming consensus on the issue at the time.
But, starting in the nineteen-seventies, the N.R.A. undertook a patient and extensive effort to change the public, and eventually the judicial, understanding of the Second Amendment. As David Cole recounts in his book “Engines of Liberty,” the N.R.A. recognized that its path was blocked by binding precedents in the federal courts, so it turned to a state-by-state approach. Embracing and passing gun-rights legislation in the states, Cole writes, “fostered a legal culture in which the right to bear arms enjoyed a privileged place.” At the same time, the N.R.A. sponsored academic research that purported to show that the traditional understanding of the Second Amendment was incorrect. The movement reached its climax in 2008, when the Supreme Court, in Justice Antonin Scalia’s opinion in District of Columbia v. Heller, rewrote its understanding of the Second Amendment, and concluded that the Framers of the Constitution had, after all, intended the Amendment to confer an individual right to bear arms. (As Adam Gopnik recently observed, Justice John Paul Stevens’s dissent had the better argument, but Scalia’s opinion had the five votes.)
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