The Constitution of the United States of America went into effect on March 4, 1789. It has been amended twenty-seven times. The first ten amendments are known as the Bill of Rights. It contains valuable freedoms which the founders thought necessary and were left out of the constitution. The Bill of Rights was ratified on December 15, 1791. (United States Constitution) The Second Amendment to the Constitution has drawn a great deal of criticism especially in recent years. The topic of gun control is controversial, and issues involving it have gone to the Supreme Court.
The Second Amendment States, “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.” (Grant, 2009) Our Constitution and the Bill of Rights are derived from British Common Law. Britain did not have a written constitution as we have. They had a set of unwritten ideas and traditions that were followed. These ideas and traditions acted as a balance of power to the king. (LaPierre, 2008) According to LaPierre (2008), “The Founders believed in the basic rights of “the people” as described in those documents and in the common law”. The rights of the people are laid out in the Constitution and the Amendments to it.
At the time when the Second Amendment was written, the U.S. was still in the wake of the Revolutionary War. The last thing anyone wanted was to suffer under another tyrannical government. There was no organized national army at this time. The only defense they had was state militias. “A militia was a group of citizens who defended their community as emergencies arose. Militias consisted mainly of able-bodied adult male civilians and some professional s...
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McDonald v. Chicago. (2010). Retrieved from Cornell University Law School: http://www.law.cornell.edu/supct/cert/08-1521
Taranto, J. (2012, July 23). OK, Let's Debate Gun Control! Retrieved from The Wall Street Journal: http://online.wsj.com/news/articles/SB1000087239639044402 5204577544881193377296
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The second amendment is the most debatable amendment. James Madison argued that there needs to be no concern about forming a federal government because state militias would protect the people from any threat. Madison suggested in 1789 that specific rights of citizens be spelled out in the Bill of Rights (Glantz 2360). Ratified on December 15,1791, the Bill of Rights included the Second Amendment to the Constitution that reads in this order, “A well regulated Militia, being necessary to the security of a free State, the right of people to keep and bear Arms, shall not be infringed” (Madison 2360). Opponents of existing and proposed laws, including the NRA, Gun Owners of America, and the Second Amendment Foundation, routinely argue that the Second Amendment to the Constitution grants unrestricted right to individuals to “keep and bear arms” (Vernick 1773). In another group, they believe that only the military should have the right to keep and bear arms.
The second amendment states 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 founding fathers could have never anticipated the weapons we have today and that’s what some weapons are regulated and illegal to use. For an example the McDonald v. Chicago case brief, several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. In that case, the Supreme Court held that a District of Columbia handgun ban violated the Second Amendment. There, the Court reasoned that the law in question was enacted under the authority of the federal government
The Second Amendment of the U.S. Constitution states "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 Second Amendment to the Bill of rights of the United States Constitution states "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." In order to understand that right, the modern reader must understand the semantics of the eighteenth century. The term "Well Regulated" meant well trained according to James Madison, the principle author of the Constitution. The term militia, according to the Militia Act of 1792, referred to all able-bodied male citizens. The meaning then of the Second Amendment is made quite clear. It is meant to serve as a chain upon the government to prevent the infringement of government power upon the Civil Liberties of Americans. Further proof of this can be seen in a quote from George Madison. "I ask, Sir, What is the Militia? It is the whole people, except for a few public officials." (George Madison, Three Elliot, Debates at 425-426). Richard Henry Lee, in his Additional Letters from the Federal Farmer of 1788 stated, "A militia, when properly formed, are in fact the people themselves.and include all men capable of bearing arms." Title Ten section 331 of the U.S. code states "The Militia of the United States consists of all able bodied men at least seventeen years of age."
The Second Amendment is often misinterpreted because of the wording; people believe it only applies to the military or militia. The Second Amendment reads; “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.” On June 26th, 2008, the Supreme Court established, in the case District of Columbia v. Heller, that citizens are the militia and the Second Amendment is an individual right. McDonald v. Chicago, set the precedent that the amendment covers every state and locality—not just federal enclaves (Levy 1). The Second Amendment has two clauses, the Operative Clause and the Prefatory Clause. The Operative Clause is the actual protected right and the Prefatory Clause is t...
According to www.archives.gov, the second amendment of the United States Constitution reads that: “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.” This amendment is
In the second amendment it implies that you have the right to possess a firearm for your own protection. It also states that there must be a well-regulated militia or army for the safety of citizens. This was put because those that left England had problems with the king’s decision to use the army for the wrong reasons. On line 64 of the Declaration of Independence it states, “King kept standing armies in times of peace.” So even though feuds were calmed he still
Another aspect of this debate is in fact, the lobbyists that are pushing for more lenient or tighter gun-laws. It seems that the lobbyists that wanted stricter firearm-related laws are the ones who have witnessed the damage that criminals and the mentally unstable can really do with a gun in their hand. Those pushing for leniency when it comes to gun legislature state that firearms are trying to protect their right to carry an essential tool for those who want to venture the countryside in search for animals to shoot down for food, clothing or sport. The last aspects of the controversy are the federal and state laws that have decided whether or not concealed wea...
An estimated 30,000 people are killed each year by guns in the United States alone according to the Center for Disease Control and Prevention (Gun Control, Funk & Wagnall’s). Though there have been some restrictions and laws placed, both the conservative and liberal sides are not pleased with either the lack of action or the fact that there has been too much action that has taken place. “About 38% of U.S. households and 26% of individuals owned at least one gun, with about half of the individuals having 4 or more guns, according to a 2004 survey by the Harvard School of Public Health (Gun Control, Funk & Wagnall’s).” Both sides turn to the one document centered on the argument for evidence to support their side: the Second Amendment.
The Second Amendment states, “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.” This statement basically means that people should be able to own guns for their own security and that right should not be taken away. The Second Amendment was added to the Constitution because the creators of the Constitution wanted to make sure that it protected basic rights, including the right to bear arms. It was also added to the Constitution because shortly after it was ratified, James Madison wanted to give more power to the state militia and to give more power to the people to give them the ability to fight back against the Federalists and the tyrannical government they were creating. After fighting off the British, the Second Amendment was created to give citizens the opportunity to fight back against controlling government and protect themselves with their own weapons.
The Second Amendment states “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.” As America was once dependent on England, Americans looked to England’s governmental institutions as a base on how to govern the United States. America configured the Second Amendment based off political ideologies that originated in England. In 1181, King Henry issued the Assize of Arms, stating citizens were to possess weapons at all times to secure that England citizens would be protected against foreign invasions. In England, males as young as seven were required to bear arms to ensure an extensive defense for their country; it was considered an Englishman’s obligation to his country. In addition, Militias became vital to English life, as they leveled monarchial rule...
The 2nd Amendment has been a very controversial topic over the past year with the recent open carry law introduced to the public. This has caused much confusion amongst the right to bear arms and the overlooking Federal government’s role in controlling what it seems dangerous to the public. Our first eight amendments of the Constitution are direct restrictions on the federal government, and the 2nd amendment does not specifically grant the right for people to bear arms in a sense most would have believed. It does however forbid the federal government from infringing on your unalienable rights to defend yourself, it specifically says you shall not be infringed. This targets Congress, the Judicial and Executive branches of government and means they cannot pass a law, or sign anything that infringes on your right to bear arms or defend yourself.
The Second Amendment to the United States Constitution protects the right citizens have to keep and bear arms. The Second Amendment was added to the Bill of rights in 1791. It was one of 10 original amendments in the Constitution. The Second Amendment reads; “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 English Bill of rights 1689 has very similar rights listed and is thought to have heavily influenced the Second amendment. The Second Amendment has been interpreted in many different ways. The people leave it up to the Judicial system to interpret the Second Amendment.
This timeless phrase, the Second Amendment of the United States’ Constitution, is an enduring example of the principles and ideals that our country was founded on. With this statement, the founders of this country explicitly and perpetually guaranteed the American individual the right to keep and bear arms. An incomparably crucial element of this country‘s origins, the Second Amendment and the rights it guarantees have proved vital to the growth and success of our nation.
The second amendment states “A well regulated militia, being necessary to the security of a free state, the right of people to keep and bear arms shall not be infringed.” The Founding Fathers included this in the Bill of Rights because they feared the Federal Government might oppress the population if the people did not have the means to defend themselves as a nation or individuals.