Given that the Constitution has no civil power to grant rights, what exactly is the common-law right of the people (predating the Constitution) referenced in the 2nd Amendment that cannot be “infringed”?

The right of the people to keep and bear arms — that is, to form a militia, as opposed to a standing army — goes back at least to the English Bill of Rights in 1689. That document lists this among the rights of Englishmen, or at least some of them:

“That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;”

The English Bill of Rights was drawn up by Parliament and agreed to by the new monarchs, William and Mary. They replaced James II, who had made the mistake of being both Catholic and rather authoritarian.

The Bill of Rights made it clear that the monarch could not have a standing army without the consent of Parliament. Furthermore, it made it clear that the people (Protestants, at least) could have arms for self-defense. In context, this was obviously not meant for shooting burglars, but rather for resisting attempts at tyranny by the Crown.

The right to keep and bear arms was one of several rights the Framers carried over from the English Bill of Rights into the Bill of Rights added to the U.S. Constitution to ensure its passage. The early Americans were much attached to the “rights of Englishmen” and insisted that these had to be codified in the new Constitution.

The right to keep and bear arms was one of several rights the Framers carried over from the English Bill of Rights into the Bill of Rights added to the U.S. Constitution to ensure its passage. The early Americans were much attached to the “rights of Englishmen” and insisted that these had to be codified in the new Constitution.