The Right of the People: The Most Misunderstood Amendment

Zion Patriot,

Recently, I stumbled across a comment on a video where Charlie Kirk was discussing the Second Amendment:

“The 2nd is NOT about guns. The 2nd is NOT about personal defense. The 2nd is NOT about resisting tyranny. The 2nd is about the constitutionally required militia, the right to keep and bear arms is so that militia can do their duty. An armed population is no more effective against tyranny than an unarmed one, that’s why the 2nd says militia, not so Bubba can buy an AR15. Wake UP!!!”

It was a bold claim — one that reflects a common argument today. According to this view, the Second Amendment has nothing to do with guns, self-defense, or resisting tyranny — it is strictly about a “constitutionally required militia.”

Was the Second Amendment really intended to limit the right to arms only to militia service? Or does the language — and the Founders’ own writings — suggest something broader?

“The Right of the People”

The text of the Second Amendment is clear:

“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.”

Notice it does not say “the right of the militia”. It says “the right of the people.”

That phrase is not unique to the 2A. The Bill of Rights repeats it:

  • First Amendment: “the right of the people peaceably to assemble…”
  • Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects…”
  • Ninth & Tenth Amendments: again, powers and rights are reserved to “the people.”

In every other case, “the people” means individual citizens, not a government body or select subgroup. To read it differently in the Second Amendment would be inconsistent with the Constitution’s broader language.

And of course, the Constitution itself begins with those famous words:

“We the People of the United States…”

From the very opening, sovereignty flows upward from the people themselves — not downward from government.

The Federalist Papers: What the Founders Said

The Federalist Papers — essays written by Alexander Hamilton, James Madison, and John Jay to explain the Constitution — give us a direct window into the Founders’ thinking. Several passages make it clear how they viewed arms, militias, and liberty.

Federalist No. 29 (Hamilton)

Hamilton described the militia as “the most natural defense of a free country.” He acknowledged that not every citizen could be fully trained like a soldier, but stressed the importance of an armed citizenry capable of forming a defensive force when needed.

Federalist No. 46 (Madison)

Madison argued that even if the federal government raised a standing army, it could never overpower the people. Why? Because Americans had the advantage of being armed, unlike subjects in Europe who were often disarmed by their rulers.

He wrote that the “ultimate authority… resides in the people,” and that an armed citizenry was a natural check against centralized power.

Federalist No. 28 (Hamilton)

Hamilton noted that if the federal government ever became oppressive, the states and the people — being armed — could resist it. He saw the militia as the people themselves, not a separate professional body.

Militia and People: Not Opposites

When the Founders used the word militia, they didn’t mean a professional National Guard or federal army. They meant the body of armed citizens — ordinary people who could be called upon for defense.

In that sense, the militia and the people were not opposites. The militia was the people, and the people could only serve effectively if they already possessed arms.

So the prefatory clause of the Second Amendment (“A well regulated Militia…”) explains why the right matters. But the operative clause (“the right of the people to keep and bear Arms”) makes clear who holds the right.

Conclusion: The People Hold the Power

The discovery of that comment sparked a worthwhile exploration. Far from being limited to an official militia, the Second Amendment’s text, the Constitution’s Preamble, and the Federalist Papers all reinforce the same principle:

  • The people themselves are sovereign.
  • The people themselves are armed.
  • The people themselves are the ultimate safeguard of liberty.

The Second Amendment doesn’t carve out a special privilege for a government body. It affirms what the Founders believed deeply — that the right of the people to keep and bear arms is essential to the security of a free state.

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