2026-05-24T23:14:45Zhttps://keep.lib.asu.edu/oai/request

oai:keep.lib.asu.edu:node-2005892025-05-27T21:52:08Zoai_pmh:alloai_pmh:repo_items

200589 https://hdl.handle.net/2286/R.2.N.200589 http://rightsstatements.org/vocab/InC/1.0/ http://creativecommons.org/licenses/by-nc-sa/4.0 2025-05 12 pages Dholaria, Rahul Symonds, Adam Schuh, Carl Barrett, The Honors College Dean, W.P. Carey School of Business School of Politics and Global Studies Private militias are illegal in the United States. Only militias constituted by the government, as referenced in the 2nd Amendment, are legal (U. S. Const. Art. 1, § 8, clauses 15 and 161). If that is the case, then why are there 52 active private militia groups in the United States? (Southern Poverty Law Center, 2024a; and see, Southern Poverty Law Center, 2024b). Behind the militia movement are right-wing extremists, committed to the belief that as a society, citizens have a right to overthrow a government that they deem to be tyrannical (Southern Poverty Law Center, 2022). This purported “right,” is believed to be recognized as law because of the language in the Declaration of Independence (National Archives). It is a concept from natural law (see, Stanford Encyclopedia of Philosophy, 2020). It is not the law of the United States nor a correct statement of the Constitution, in fact it is quite the opposite (Raskin, 2023). The Insurrectionary Theory of the Second Amendment is rooted in a generalized insurrectionary theory articulated in the Declaration of Independence (Dunlap, 1995; Williams, 1996; Raskin, 2023). The Insurrectionary Theory of the Second Amendment holds that “the core purpose” of the Amendment is to enable civilians to bear arms as a check on governmental power, and if there is a perceived governmental tyranny, the right to resist or overthrow it (Dunlap, 1995; Petitt, 2020). It has been taken as a support for what amounts to terrorism; in particular, the violent attempt to overthrow the election at the U. S. Capitol on January 6, 2021 (Raskin, 2023; Thompson, 2022), the plot to kidnap Michigan Governor Gretchen Whitmer (see, NPR, 2023) and Timothy McVeigh’s truck bombing of the Murrah Federal Building in 1995 (FBI, nd; and see, Williams, 1996). The legal debate over the theory currently seems to be at a standstill, with legal scholars nearly unanimous in their rejection of the Insurrectionary Theory. Irrespective, far-right extremists are continuing to push ahead. Furthermore, despite the fact that it might be one of the more significant domestic concerns in the years to come, this topic is often ignored. When determining who prevails in public discourse or politics, the Constitution, legal precedent, current law, and societal beliefs must all be considered. The theory's proponents contend that they must defend the American system from tyranny and that it is a constitutional right (see Southern Poverty Law Center, 2022). Nowhere in the Constitution or any cognizable legal rule does one find that “We The People” have a right to overthrow a government (Raskin, 2023). In fact, attempting or advocating the same “by force or violence” is a felony as defined and prohibited in 18 U.S. Code § 2385 (LII, n.d.). Beyond the extremists, who have shown a willingness to implement the theory, based on anecdotal evidence, I am concerned that some form of this theory is widely believed and circulates outside anti-government extremist circles, especially among youth (see, Voice of America, 2023; and see, Southern Poverty Law Center, 2024a and 2024c). Further research is necessary to confirm this. In this moment in American history, and given how it could and would impact us, understanding the Insurrectionary Theory, the circulation of the narrative, and separating the truth from myth for the general public is of paramount importance to American society as a whole. The goal is to inform the general public through a short paper and a series of podcasts. Insurrection Narrative 2nd Amendment Second Amendment Inoculation January 6th Militia Riots Conspiracy theories Communication Revolt The Insurrectionary Theory of the Second Amendment: A Narrative Analysis and Intervention