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Controversy for the second amendment
Controversy for the second amendment
Bill of Rights and their application to present day society
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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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Lott, J. (2003). The Bias Against Guns. Washington, D.C.: Regnery Publishing.
Madison, J. (1788). Federalist No.46. In The Federalist Papers.
McDonald v. Chicago. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/McDonald_v._Chicago
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
The White House. (2013). Now Is The Time. Washington, D.C.: The White House.
United States Constitution. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/US_Constitution
United States v. Miller. (n.d.). Retrieved from Wikipedia: http://en.wikipedia.org/wiki/United_States_v._Miller
BACKGROUND OF THE BILL OF RIGHTS The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, themselves fearing a central government which was not legally constrained and restricted as far as its powers were concerned. The resulting Bill of Rights is appended to the American Constitution as the first of ten amendments.
The U.S. Constitution was completed on September 17, 1789 and has served as a model for the constitutions of many other nations. The constitution of the United States of America is the oldest written national constitution in use and consists of twenty-seven amendments.
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.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching 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 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.
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial. The Second Amendment specifically grants that, "the right of the people to keep and bear Arms shall not be infringed"
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
The Bill of Rights derives from the Magna Carta, the English Bill of Rights, the colonial struggle against king and Parliament, and a gradually broadening concept of equality among the American people. The bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse. The absence of a "bill of rights" turned out to be an obstacle to the Constitution's ratification by the states. It would take four more years of intense debate before the new government's form would be resolved. The Federalists opposed including a bill of rights on the ground that it was unnecessary. In the end, popular sentiment was decisive. Recently freed from the despotic English monarchy, the American people wanted strong guarantees that the new government would not trample upon their newly won freedoms of speech, press and religion, nor upon their right to be free from warrant less searches and seizures. So, the Constitution's framers heeded Thomas Jefferson who argued: "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference." The American Bill of Rights, inspired by Jefferson and drafted by James Madison, was adopted, and in 1791 the Constitution's first ten amendments became the law of the land. Early American mistrust of government power came from the colonial experience itself. Most historians believe that the pivotal event was the Stamp Act, passed by the English Parliament in 1765. Taxes were imposed on every legal and business document.
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. Amendment II
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...
Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments for the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the house and the senate and was left with twelve bill of rights. Madison himself took some out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments. This two-third majority was necessary to make the bill of rights legal. On December 15, 1791 the bill of rights were finally ratified.
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 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.