ConSource Home Documents Used in D.C. v. Heller*
"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."
"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."
"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."
"Seventeenth, That the people have a right to keep and bear arms; that a well regulated Militia composed of the body of people trained to arms is the proper, natural and safe defence of a free State. That standing armies are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the Community will admit; and that in all cases the military should be under strict subordination to and be governed by the civil power.
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"Nineteenth, That any person religiously scrupulous of bearing arms ought to be exempted, upon payment of an equivalent to employ another to bear arms in his stead.”
"That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State; That the Militia should not be subject to Martial Law, except in time of War, Rebellion or Insurrection.
"That standing Armies in time of Peace are dangerous to Liberty, and ought not to be kept up, except in Cases of necessity; and that at all times, the Military should be under strict Subordination to the civil Power."
"TENTH, That no standing Army shall be Kept up in time of Peace unless with the consent of three fourths of the Members of each branch of Congress, nor shall Soldiers in Time of Peace be Quartered upon private Houses without the consent of the Owners.
TWELFTH, Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion."
"A motion was made and seconded [by Samuel Adams], that the report of the Committee made on Monday last, be amended so far as to add the following, to the first article therein mentioned viz."And that the said Constitution be never construed to authorize Congress, to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless when necessary for the defence of the United States, or of some one or more of them..."
"That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law..."
"He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country…"
"That the people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up: and that the military shall be kept under strict subordination to and be governed by the civil powers."
"XVII. That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power."
"XXV. That a well-regulated militia is the proper and natural defence of a free government."
"XV. That the people have a right to bear arms for the defence of themselves and the State; and, as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power."
"XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power."
"Art. XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority and goverened by it."
"A motion was made and seconded [by Samuel Adams], that the report of the Committee made on Monday last, be amended so far as to add the following, to the first article therein mentioned viz."And that the said Constitution be never construed to authorize Congress, to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless when necessary for the defence of the United States, or of some one or more of them..."
"[George Mason]The militia may be here destroyed by that method which has been practised in other parts of the world before. That is, by rendering them useless, by disarming them. Under various pretences, Congress may neglect to provide for arming and disciplining the militia, and the State Governments cannot do it, for Congress has an exclusive right to arm them, &c."
"[Edmund Randolph] With respect to a standing army, I believe there was not a Member in the Federal Convention, who did not feel indignation at such an institution. What remedy then could be provided-Leave the country defenceless? In order to provide for our defence, and exclude the dangers of a standing army, the general defence is left to those who are the objects of defence. It is left to the militia who will suffer if they become the instruments of tyranny. The General Government must have power to call them forth when the general defence requires it. In order to produce greater security, the State Governments are to appoint the officers. The President, who commands them when in the actual service of the Union, is appointed secondarily by the people this is a further security. Is it not incredible, that men who are interested in the happiness of their country, whose friends, relations, and connections, must be involved in the fate of their country, should turn against their country? I appeal to every man, whether, if any of our own officers were called upon to destroy the liberty of their country, he believes they would assent to such an act of suicide? The State Governments having the power of appointing them, may elect men who are the most remarkable for their virtue and attachment to their country."
"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence subordinate governments to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprizes of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain that with this aid alone, they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will, and direct the national force; and of officers appointed out of the militia, by these governments and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned, in spite of the legions which surround it."
"If a well regulated militia be the most natural defence of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security.
"In times of insurrection or invasion it would be natural and proper that the militia of a neighbouring state should be marched into another to resist a common enemy or to guard the republic against the violences of faction or sedition. This was frequently the case in respect to the first object in the course of the late war; and this mutual succour is indeed a principal end of our political association. If the power of affording it be placed under the direction of the union, there will be no danger of a supine and listless inattention to the dangers of a neighbour, till its near approach had superadded the incitements of self preservation to the too feeble impulses of duty and sympathy."
"Here I expect we shall be told, that the Militia of the country is its natural bulwark, and would be at all times equal to the national defence. This doctrine in substance had like to have lost us our independence. It cost millions to the United States, that might have been saved. The facts, which from our own experience forbid a reliance of this kind, are too recent to permit us to be the dupes of such a suggestion. The steady operations of war against a regular and disciplined army, can only be successfully conducted by a force of the same kind. Considerations of economy, not less than of stability and vigor, confirm this position. The American Militia, in the course of the late war, have by their valour on numerous occasions, erected eternal monuments to their fame; but the bravest of them feel and know, that the liberty of their country could not have been established by their efforts alone, however great and valuable they were. War, like most other things, is a science to be acquired and perfected by diligence, by perseverance, by time, and by practice."
"The power in the general government to lay and collect internal taxes, will render its powers respecting armies, navies and the militia, the more exceptionable. By the constitution it is proposed that congress shall have power 'to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;' to provide and maintain a navy; to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions: to provide for organizing, arming, and disciplining the militia: reserving to the states the right to appoint the officers, and to train the militia according to the discipline prescribed by congress; congress will have unlimited power to raise armies, and to engage officers and men for any number of years; but a legislative act applying money for their support can have operation for no longer term than two years, and if a subsequent congress do not within the two years renew the appropriation, or further appropriate monies for the use of the army, the army will be left to take care of itself. When an army shall once be raised for a number of years, it is not probable that it will find much difficulty in getting congress to pass laws for applying monies to its support. I see so many men in America fond of a standing army, and especially among those who probably will have a large share in administering the federal system; it is very evident to me, that we shall have a large standing army as soon as the monies to support them can be possibly found. An army is a very agreeable place of employment for the young gentlemen of many families. A power to raise armies must be lodged some where; still this will not justify the lodging this power in a bare majority of so few men without any checks; or in the government in which the great body of the people, in the nature of things, will be only nominally represented. In the state governments the great body of the people, the yeomanry, etc. of the country, are represented: It is true they will chuse the members of congress, and may now and then chuse a man of their own way of thinking; but it is impossible for forty, or thirty thousand people in this country, one time in ten to find a man who can possess similar feelings, views, and interests with themselves: Powers to lay and collect taxes and to raise armies are of the greatest moment; for carrying them into effect, laws need not be frequently made, and the yeomanry, etc of the country ought substantially to have a check upon the passing of these laws; this check ought to be placed in the legislatures, or at least, in the few men the common people of the country, will, probably, have in congress, in the true sense of the word, 'from among themselves.' It is true, the yeomanry of the country possess the lands, the weight of property, possess arms, and are too strong a body of men to be openly offended — and, therefore, it is urged, they will take care of themselves, that men who shall govern will not dare pay any disrespect to their opinions. It is easily perceived, that if they have not their proper negative upon passing laws in congress, or on the passage of laws relative to taxes and armies, they may in twenty or thirty years be by means imperceptible to them, totally deprived of that boasted weight and strength: This may be done in a great measure by congress, if disposed to do it, by modelling the militia. Should one fifth, or one eighth part of the men capable of bearing arms, be made a select militia, as has been proposed, and those the young and ardent part of the community, possessed of but little or no property, and all the others put upon a plan that will render them of no importance, the former will answer all the purposes of an army, while the latter will be defenceless. The state must train the militia in such form and according to such systems and rules as congress shall prescribe: and the only actual influence the respective states will have respecting the militia will be in appointing the officers. I see no provision made for calling out the posse commitatus for executing the laws of the union, but provision is made for congress to call forth the militia for the execution of them — and the militia in general, or any select part of it, may be called out under military officers, instead of the sheriff to enforce an execution of federal laws, in the first instance and thereby introduce an entire military execution of the laws. I know that powers to raise taxes, to regulate the military strength of the community on some uniform plan, to provide for its defence and internal order, and for duly executing the laws, must be lodged somewhere; but still we ought not so to lodge them, as evidently to give one order of men in the community, undue advantages over others; or commit the many to the mercy, prudence, and moderation of the few."
"In the bills of rights of the states it is declared, that a well regulated militia is the proper and natural defence of a free government-That as standing armies in time of peace are dangerous, they are not to be kept up, and that the military should be kept under strict subordination to, and controuled by the civil power…The same security is as necessary in this constitution, and much more so; for the general government will have the sole power to raise and to pay armies, and are under no controul in the exercise of it; yet nothing of this is to be found in this new system."
"In regard to a militia defending the country, the thing is still more absurd if possible. Who in his senses could suppose that people with their spirits broken by oppression, should voluntarily fight for that government, to which they are necessarily disaffected? No truly, common sense would point out to government that its safety could not be the object of the people arming: and hence it is plain, that even were the militia willing to act, such a government would not trust them."
James Madison to Richard Peters (August 19,1789), reprinted in Helen E. Veit Kenneth R. Bowling & Charlene Bangs Bickford Creating the Bill of Rights: The Documentary Record from the First Federal Congress 282, quoted in D.C. v. Heller 554 U.S. __ (2008) [in Stevens, dissenting].
"In many States the Constn. was adopted under a tacit compact in favr. of some subsequent provisions on this head. In Virg[ini]a. It would have been certainly rejected, had no assurances been given by its advocates that such provisions should be pursued. As an honest man I feel myself bound by this consideration."
Other Documents used in D.C. v. Heller
Thomas Jefferson to Destutt de Tracy (January 26, 1811), reprinted in The Portable Thomas Jefferson 520, 524, quoted in D.C. v. Heller 554 U.S. ____(2008), [in Stevens, dissenting].
"[T]he militia of the State, that is to say, of every man in it able to bear arms."
Henry Laurens to the Massachusetts Council (January 21, 1788), reprinted in Letters of Delegates to Congress 1775-1789, quoted in D.C. v. Heller 554 U.S. ____(2008).
"Congress were yesterday informed…that those Canadians who returned from Saratoga…had been compelled by Sir Guy Garleton to bear Arms."
Georgia Statute (1770), reprinted in 19 Colonial Records of the State of Georgia 137-139, quoted in D.C. v. Heller 554 U.S. _____(2008).
“[F]or the security and defence of this province from internal dangers and insurrections” requires those men who qualified for militia duty individually “to carry fire arms” “to place of public worship.”
Massachusetts Statute (March 1, 1783), reprinted in 1783 Massachusetts Act 218, quoted in D.C. v. Heller 554 U.S. _____(2008).
1783 Massachusetts Law forbade Boston residents to “take into” or “receive into” “any Dwelling House, Stable, Barn, Out-house, Ware-house, Store, Shop or other Building” loaded firearms, and permitted the seizure of any loaded firearms that “shall be found” there.
Georgia Statute (1770), reprinted in 19 Colonial Records of the State of Georgia 103, quoted in D.C. v. Heller 554 U.S. _____(2008).
"[W]hereas a well ordered and disciplined Militia, is essentially necessary, to the Safety, peace and prosperity, of this State..."
North Carolina Statute (1777), reprinted in N.C. Sess. Laws 1, quoted in D.C. v. Heller 554 U.S. _____(2008).
"Whereas a well regulated Militia is absolutely necessary for the defending and securing the Liberties of a free State."
Acts and Laws Regulating the Militia, Connecticut Statute (1782), reprinted in Connecticut Acts and Laws 585, quoted in D.C. v. Heller 554 U.S. _____(2008).
"Whereas the Defence and Security of all free States depends (under God) upon the Exertions of a well regulated Militia, and the Laws heretofore enacted have proved inadequate to the End designed."
Acts for the Regulating, Training, and Arraying of the Militia, New Jersey Statute (1781), reprinted in 1787 New Jersey Laws 43, quoted in D.C. v. Heller 554 U.S. ______ (2008).
"And be in Enacted, That each Person enrolled as aforesaid, shall also keep at his Place of Abode one Pound of good merchantable Gunpowder and three Pounds of Ball sized to his Musket or Rifle."
An Act for Establishing a Militia, Delaware Statute (1785), reprinted in 1785 Delaware Laws 59, quoted in D.C. v. Heller 554 U.S.______(2008).
"And be it enacted, That every person between the ages of eighteen and fifty…shall at his own expense, provide himself…with a musket or firelock, with a bayonet, a cartouch box to contain twenty three cartridges, a priming wire, a brush and six flints, all in good order, on or before the first day of April next, under the penalty of forty shilling, and shall keep the same by him at all times, ready and fit for service, under the penalty of two shillings and six pence for each neglect or default thereof on every muster day."
Connecticut Statute (1782), reprinted in 1782 Connecticut Acts 590, quoted in D.C. v. Heller 554 U.S. ______(2008).
"And it shall be the duty of the Regional Quarter-Master to provide and keep and sufficient quantity of Ammunition and warlike stores for the use of their respective regiments, to be kept in such place or places as shall be ordered by the Field Officers."
George Washington to Congress (September 24, 1776), reprinted in 6 Writings of George Washington 106, 110, 524, quoted in D.C. v. Heller 554 U.S. ____(2008), [in Stevens, dissenting].
"[T]o place any dependence upon Militia, is assuredly, resting upon a broken staff."
*Please note that this is a listing of the documents used in Heller that are available on ConSource; many documents were referenced in the Heller Opinion that are not yet on ConSource (listed under "Other Documents used in D.C. v. Heller). If you would like to help add these documents to ConSource, please e-mail adoptions@consource.org, or call 202-282-590
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