The Personal Website of Mark W. Dawson

The Meaning of the
First and Second Amendments
of the United States Constitution

The United States Constitution was created to preserve our Freedoms and Liberties as explained in my Chirp “Freedom from - Liberty to”. The first ten amendments, “The Bill of Rights”, were adopted to prohibit the government from encroaching on our “Human Rights”; Human Rights that exist in or produced by nature, nor subject to governmental nor societal violations. The violation of these Human Rights is the main reason that the colonies rebelled against Britain as I have explained in my article “The Meaning of the American Revolution” and elaborated in my article "Natural (Bill of) Rights".

However, all Constitutional amendments may be subject to interpretation. But this interpretation may not encroach on our Human Rights but must reside within our Human Rights. The First and Second Amendments to the Constitution are often the most debated and interpreted amendments. In this article, I hope to explain some of these Human Rights meanings and interpretations. As adopted, these amendments are:

Amendment I:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II:

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.

The Revolutionary War was fought to retain and preserve these Human Rights. Specifically:

• The First Amendment was brought forth by the British attempt to shut down debate by dissolving legislative bodies and restricting assemblies, as well as constricting the freedom of the press, and other Human Rights encroachments.
• The Second Amendment was brought forth by the British attempt to seize weapons of the Colonials. Indeed, the first battle of the Revolutionary War, The Battles of Lexington and Concord, occurred as a result of British troops marching from Boston to nearby Concord in order to seize an arms cache.
• The other Amendments were also a result of British actions that the Colonials thought were a violation of their Natural Rights, as outlined in the Declaration of Independence.

The First Amendment has often been misnomered as “Freedom of Expression” but it is better named as the natural right to the “Freedom of Conscience”. The conscience to a person's thoughts and actions, and the ability to practice their conscience in thought, words, and deeds. To speak and write what they think, to freely associate with whom they please, to practice their religious beliefs in their daily life, and the ability to advocate for governmental change is the natural right to “Freedom of Conscience”. If government or society attempts to constrict any of these items, they are violating a person’s “Freedom of Conscience”.

The First Amendment to the Constitution is quite a mouthful, and the question arises as to why these rights were lumped together into one Amendment rather than having separate rights? The answer is that our Founding Fathers knew that these rights were inseverable. Inseverable as you cannot have one of these rights without having the other rights of this Amendment. To exercise one of these rights you are in effect exercising another of these rights, and any attempt to limit one of these rights is an attempt to limit another of these rights.

This does not mean that you are free to do anything you please, as you may be constricted from violating another’s natural rights. You may also not be allowed to endanger another person’s safety. But this endangerment is limited to the physical safety of another, and not the limiting of the practice of another’s Human Rights. Therefore, attempting to stop peaceable meetings, dialog, or debate, shouting down another’s speech, preventing them from publishing or distributing their thoughts and ideas, practicing violence at demonstrations, and not allowing them to practice their religion in public or private, is a violation of their “Freedom of Conscience”.

The Second Amendment is the natural right to protect yourself, your family, and your society, from violent acts that may be perpetrated against them. Whether these violent acts be from and individual, a group, or a government you have the natural right to protect yourself against these violent acts. You also have the natural right to protect yourself from encroachments to your Human Rights from individuals, groups, or government. And you have the natural right to arm yourself with sufficient and enough weaponry to protect yourself, and your family, and your society. And it is your right, and nobody’s else right, including a government, to determine what types and amounts of weaponry are necessary to protect your Human Rights. Therefore, the second amendment has nothing to do with hunting and fishing but everything to do with protecting your Human Rights.

Many who advocate gun control say we have nothing to fear as our Human Rights are protected by our Constitution and laws. But lawbreakers pay no heed to these laws, and government protection may come too late to protect yourself or your family from these lawbreakers. You must have the ability to protect yourself and your family, on the spot, to prevent harm to yourself and your family. And governments can change and become oppressive or encroach upon your Human Rights. Indeed, history has shown that without resistance from its citizens, both armed and unarmed, governments tend to encroach more and more on individual Human Rights. Our forefathers knew this from painful experience, and this is why they crafted the Second amendment.

This is the true meaning of the First and Second Amendments, and it should always be kept in mind when interpreting these amendments. Given the increasing uncivil climate of today’s society, it is even more important that we hold fast to the First and Second Amendments to assure that our Human Rights are not violated.