More Linguistic Analysis of the Second Amendment
In June I discussed one scholar’s recent conclusions about how people of the Founding Era used the phrase “bear arms.”
On the Panorama blog Alison L. LaCroix just shared her own findings in an essay headed “Historical Semantics and the Meaning of the Second Amendment.” Summarizing work she’s down with Jason Merchant of the University of Chicago’s linguistics department, LaCroix writes:
Much of originalism’s appeal lies in its reliance on a specific type of historical authority, and in the fact that it portrays historical meaning as an objective fact capable of being ascertained by a non-specialist reader. According to originalism’s “fixed-meaning canon” as articulated by Justice [Antonin] Scalia and Bryan A. Garner, “Words must be given the meaning they had when the text was adopted.” The words of the Constitution are, for the most part, recognizable to a modern speaker of English. The canon therefore rests on two premises: first, that there was a single meaning of the words at the time the text was adopted (for the Second Amendment, 1791); second, that this meaning is accessible to modern readers.Which fits perfectly with what the Second Amendment states as the right that it preserves: “the right of the people to keep and bear Arms.”
Originalism’s version of a historical approach stands in stark contrast to the rigorous empirical research that Chief Justice [John] Roberts dismissed as “sociological gobbledygook” in last term’s partisan gerrymandering case, Gill v. Whitford.[1] Any informed modern speaker of English can read an old text and determine what it means, the theory implies. Moreover, the theory relies on a tool that most historians, as well as linguists, treat with caution: the dictionary. In particular, the justices tend to reach for Samuel Johnson’s Dictionary of the English Language, first published in 1755. . . .
In our work, we have asked two questions: (1) Does the subject of “bear arms” always have to denote a collectivity? (2) Does the subject always have to be plural?
Using the Google Books corpus, we searched a range of published materials dating from the period between 1760 and 1795 for the phrase “bear arms.” We then classified by hand each of the 181 texts that our search produced according to the following categories: the use or sense in which the phrase “bear arms” was employed (collective, individual, or undeterminable), and the type of subject that accompanied the phrase (plural, singular, or undeterminable). A last category was for heraldic uses. . . .
According to our research, then, in 67.4 percent of the instances in which the phrase “bear arms” was used in books published between 1760 and 1795, the phrase was being employed in a collective sense. (The results for newspapers are even more dramatic.) For most ordinary citizens in the founding generation, then, the phrase “bear arms” referred to an activity undertaken by groups of people, not only by individuals.






