The phrase “the people” appears across various amendments in the U.S. Constitution, lending itself to interpretations that significantly affect American jurisprudence. The understanding of “the people” is crucial in the context of the Second Amendment, which asserts the right of “the people” to keep and bear arms. However, clarity on who precisely constitutes “the people” can dictate the scope and applicability of such rights, with ramifications for legal standards around gun ownership and regulation.
The 2008 Supreme Court case, District of Columbia v. Heller, was pivotal in determining the Second Amendment’s scope, recognizing an individual’s right to own a handgun for self-defense and examining who makes up “the people” in constitutional terms. Rooted in a previous decision, United States v. Verdugo-Urquidez, the court concluded that “the people” refers to all members of the political community. Hence, there’s a strong presumption that Second Amendment rights are individual ones belonging to all Americans.
Yet, unresolved questions remain, particularly regarding categories such as felons, minors, and noncitizens. For instance, federal law under 18 U.S.C. § 922 bars felons from possessing firearms, but courts have debated whether felons are indeed excluded from “the people.” The U.S. Court of Appeals for the 3rd Circuit, in its decision in Garland v. Range, disputed the federal stance by emphasizing consistent constitutional language across amendments.
The courts have also considered age-related restrictions. The U.S. Courts of Appeals for different circuits, such as the 8th Circuit in Worth v. Jacobson and the 10th Circuit in Rocky Mountain Gun Owners v. Polis, ruled that individuals 18 years and older are part of the political community, which aligns with the age of majority set by the 26th Amendment.
When it comes to noncitizens, courts have shown variance. The 5th Circuit’s decision in United States v. Medina-Cantu aligned with restricting noncitizens unlawfully present in the U.S. from “the people.” Meanwhile, the 6th Circuit in United States v. Escobar-Temal suggested that noncitizens with significant connections to the U.S. might be considered as part of “the people.”
Understanding “the people” has far-reaching implications for constitutional rights execution, impacting not only who may possess firearms but potentially other rights enshrined within the Constitution. Until further clarification from the Supreme Court emerges, much will remain dependent on the courts and legislative decisions. More on this topic can be explored in the full article on SCOTUSblog.