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Controversy on the second amendment
Gun control and the 2nd amendment debate
Controversy on the second amendment
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Facts District of Columbia v. Heller was a landmark case, in which the Supreme Court voted in a 5-4 decision that Washington D.C.’s handgun ban and shotgun/rifle restrictions were unconstitutional, in which all shotguns and rifles had to be “unloaded and disassembled or bound by a trigger lock”. Heller, a police officer in Washington D.C., wanted a handgun for private off-duty use at his home. He applied for a one-year gun permit, which was denied. Heller claims that the restrictions on firearms in D.C., and the rejection of his application, violates his 2nd Amendment right to keep and bear arms. Legal Issues Does the District of Columbia’s restrictions on firearms, and the requirement that they be stored in an inoperable condition (via trigger lock) violate the 2nd Amendment? Is the District of Columbia exempt from the …show more content…
Yet, it does not restrict the ability to bear arms only to militia. To read the Amendment as only allowing those in a militia to bear arms is exactly what the Amendment is trying to protect against and prevent; a state-sponsored force. Additionally, banning handguns, and requiring that all firearms must be kept in an inoperable condition, is also what the 2nd Amendment is trying to protect against. Handguns, which are a wide-array and a large majority of firearms that exist, being rendered inoperable, would make it impossible to defend one’s property. The whole purpose of the 2nd Amendment is to allow an individual to keep and bear arms to protect themselves and their property. Requiring that guns are kept inoperable while in storage in a person’s home, where firearms are typically most beneficial for personal protection, defeats the whole purpose of the 2nd Amendment. The 2nd Amendment strives to protect guns, keep them in a functional condition, and allow ordinary citizens to keep and bear arms to protect their home and personal
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
Lynch vs. Clarke (1844) was the most important case before the passage of the Fourteenth amendment dealing with this matter. It involved the discussion of whether Julia Lynch was a citizen or not. The nature of this case meant that she must either have been born a natural born citizen because she was born to her parents, that although were aliens, on U.S. soil, or that she was not a citizen at all because her parents were aliens regardless of the place of her birth that she had never made any attempt to be naturalized. The court ruled in her favor. The ruling established that under the common law of England, Julia Lunch would be considered a natural born citizen of the U.S., the common law of England formed the basis
With many recent incidents that involve guns between 2012 and 2013, gun control laws have become a hot topic in America. On one hand, after the horrific incident like the Sandy Hook Elementary School shooting at Newtown in 2012, most people wanting to limit guns from getting into the wrong by setting up a rigorous system that control who can and cannot obtain a gun. On the other hand, we have the people who believe that with such rigorous system in place is violated the individual rights that granted and protected by the United States Constitution. They believe that the rigorous system will prevent people from defending themselves and could be a violation of their privacy. Regardless of which side is right, if we want to understand more about our current conflict, we have to look back on how this hold debate started. The District of Columbia v. Heller, the Supreme Court case in 2008 that found the Firearms Control Regulations Act of 1975 unconstitutional, which influence the individual right to keep and bear arms for self-defense by questioning the Second Amendment and laws that restrict a person from acquire guns.
By: Kristen Rand Summary / Analysis : This article discusses the amendment to gun control, specifically the right to bear arms. But it isn’t discussing it on the U.S. mainland, but instead on the District of Columbia. The controversy is whether or not the District is bound to the same laws and amendments that the rest of the United States is. The current law in Columbia is that there is a universal ban on guns. So should the U.S. Supreme Court vote to allow citizens to bear arms, or should the 30-year-old ban be erased?
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.
Heller,” the United States Supreme Court revealed what the Second Amendment is really about. In June 2008, a S.W.A.T. officer with the Washington, D.C., Police Department sued in the District of Columbia District Court for the right to carry a handgun while off duty. The Supreme Court ruled that he had the right to carry a weapon for a lawful purpose, and the District Court's opinion was reversed from the decision in 1939 when the Second Amendment was last interpreted. It also ruled that two District of Columbia laws, one that banned handguns and the other one that required firearms kept in the home to be disassembled or trigger-locked, violated the Second Amendment
During the 111th Congress, the gun control debate was looked into by two key Supreme Court decisions. In District of Columbia v. Hel...
Some people will argue that the US Constitution allows citizens to bear arms only for a well regulated militia, A militia being an army composed of ordinary citizens. This is true that militia is necessary to the security of a free state. They also proclaim that the provision “The constitutional right of the people to keep and bear arms shall not be infringed” the Second Amendment does not mention handguns by explaining that carrying a concealed handgun increases the chances of a confrontation escalating and turning lethal. Gun control supporters maintain the thought and believe that the use of handguns is not stated in the constitution and is considered dangerous. Many also believe that it is too easy to get a gun. Many believe this. but they are sadly mistaken.
Throughout the past decade or so the Second Amendment rights issues have arisen with the demand of individuals rights to keep and bear arms. The constitution states the “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 the court case upheld in the Supreme Court Columbia vs. Heller, the ongoing debate of this interpretation of the Second Amendment. Heller, a special officer in Washington D.C., was denied the right to being able to register a handgun to keep at home. This case was taken up to the Supreme Court due to Heller’s argument stating that the government of the nation’s capital must obey the Constitution and the Bill of Rights because these texts are the supreme law of the land. Heller’s belief of injunction was certain, “at least one of the founding fathers said that there will be times when the State or Federal Government will overstep its bounds and will need to be put back into its place.” There has not been any lower court cases or any true precedent case besides Columbia vs. Heller for Drake vs. Jerejian. Drake vs. Jerejian seeks an end to the unjustified denial of carry permits by the State of New Jersey; and the unreasonable restriction for concealed carry permits citing “justifiable need” or “urgent necessity” for the issuance of a permit. Constitutional rights are protected under the law and may not be denied by government officials because of perceived “need” or “necessity.” The Second Amendment should not only guarantee this right to possess firearms to members of militia but also to those who may grant this privilege, as well that it’s a right in our constitution. An individual’s Second Amendment right should se...
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
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.
Stevens argues that the Second Amendment protects the individual right to bear arms only in the context of military service and (2) does not limit government's authority to regulate civilian use or possession of firearms. (2010.OLR Research Report) In his dissent, Breyer mentioned that “even if the 2nd Amendment, in addition to militia-related purposes, protects an individual's right of self-defense, that assumption should be the beginning of the constitutional inquiry, not the end. Breyer contended that there are no purely logical or conceptual ways to determine the constitutionality of gun control laws, such as the District's law.”(2010.OLR Research Report) He also argued that “taking into account the extensive evidence of gun crime and gun violence in urban areas, the District;s gun law would be constitutionally permissible.”(2010.OLR Research