British Tyranny, the Second and Third Amendments, The Origins of the Bill of Rights (Part 2:)

The Origins of the Bill of Rights (Part 1: British Tyranny, the First Amendment)

During Colonial rule, the British Crown and Colonial Governors were not shy about using the British Army or Navy against the Americans. The British Army was used to intimidate, seize property, enter homes or be quartered among the populace to present a posing threat. It was not only the Army that was used against the Colonists, but other Government forces or powers that were used against the Colonists, but Police, Tax Collectors, Justice of the Peace and on. The British Army or the other British Government Forces use against the populace is not short or limited even if not by direct force, just intimidation, and eventually led to the fighting to begin in 1775. This use of the Armed Forces directly led to two Amendments to the Constitution, the Second and Third.

Second Amendment

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.

No one instance can be pin pointed as the need or desire for the Second Amendment, rather it is the entire scope of the American Revolution itself. The abuse of power by government against the people, the use of the military against the people, and the desire and unalienable right of the people to control their own destiny are at the root of the Second Amendment. This view is expressed in the Declaration of Independence;

But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.

A long lists of laws or proclamations from the British Parliament and King George which included things like the Stamp Act, Writ of Assistance, and the Intolerable Acts. The Americans believed their rights as Englishman were not being observed or protected, and instead were being disregarded and trampled on. The Colonists believed the role government was to protect the unalienable rights and the British Crown was no longer doing so. This is once again displayed in the Declaration of Independence;

that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness

Also of note is the fact the British often kept large standing Armies in times of “peace”, another intimidation factor a listed grievance in the Declaration of Independence;

He has kept among us, in times of peace, standing armies, without the consent of our legislatures.

In 1760 British began mercantilist policies toward the Colonies and these produced much hardship for the Colonists. By 1768 the situation had grown desperate and King George III sent troops to the Colonies to suppress riots and ensure taxes were collected. Over the following eight years it was British policy to disarm the public using any means required, including false promises of safekeeping, banning imports, seizure, and ultimately shooting persons who where armed. In 1774 an embargo prohibiting the shipment of arms to America was put into effect.

As a result of these standing actions from 1760-1774 and the standing armies the Colonists began to stockpile more and more arms in caches to be used if needed from the menacing threat. Always ready and designated persons were set up “ready to fight in a minute” or minutemen were set up for self defense.

After enough time, with redress for grievances going unanswered, these beliefs in the role of government came to a head with a government that did not conduct itself in such a manner. The Colonists started stockpiling arms and munitions, ready to respond groups were organized in minutemen due to the ever increasing and trampling of rights and standing armies, and on April 19, 1775 the people fought back. The British Military was ordered to seize a reported cache of arms in Concord, Massachusetts. The British had grown concerned that the Colonists were stockpiling weapons and munitions, and could be used against the crown in a potential rebellion. The seizure of arms was not new, especially to Massachusetts, but that day’s events were different from every other instance. The Colonists did not stand by and let the arms be taken, nor did they just hide them. The Colonists met and confronted the British in Lexington, and an engagement ensued. Next the British moved to Concord but found only limited arms (as the rest had been moved already with advanced notice of the British move). Concord was also fired, but the Colonists resisted with force. After a long day of skirmishes from Concord to Cambridge the fighting portion of the American Revolution had begun.

The Americans new arms could protect their Liberty and used arms to win and secure their Liberty from Great Britain. It was this inspiration of the people being able to resist a corrupt government with force, as the lesson under British rule that would influence the Second Amendment.

Third Amendment

"No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

The Third Amendment is another amendment which can draw its history to the Declaration of Independence. In the lists of grievances against King George III is the following;

For quartering large bodies of armed troops among us;

The impact from the British on this Amendment is short and conscience. The British had developed a practice of forcing private individuals to quarter British troops in times of peace without the consent of the owner. During conflicts or other times, it tended to be private buildings that were to be the place of quartering, and a specific list of preference was made from least intrusive to most, but never an individual’s house. Many of these Quartering Acts were not received well by the Colonists though was not unusual in British History. Though unlinked by the Colonists, they were grudgingly dealt with by them. That all changed after the Boston Tea Party of 1773. The Quartering Act of 1774 required the quartering of troops in individual’s homes, not private buildings. The owner was obligated to house, feed and care for the troops. The purpose of this was not because the British Government could not afford the costs itself to garrison them elsewhere other than Private Homes or even that other facilities where not available, but as a factor of reprisal and intimidation on the people. This act became part of what is now called the Intolerable Acts. These Acts lead the charge in grievances against King George that eventually lead to the American Revolution and Declaration of Independence. The origin of the Third Amendment is firmly influenced by the Quartering Act of 1774.