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Controversy of the second amendment
The right to bear arms controversial essay
The right to bear arms controversial essay
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Jose Espinoza December 30,2013 Participate in Government Mrs.Stanton Second Amendment Does the Second Amendment protect the right of individuals to keep and bear arms? There are many modern debates but one that seems to be the top topic is about being about the Second Amendment. The right to bear arms was given to Americans by the founding fathers in 1791. This led to the right to bear arms being one of the first amendments to construct the bill of rights. The second amendment has recently became the hot topic for debate. The question now, however, was apparently never even discussed for a long time after the Bill of Rights was enclosed. The debate has recently shifted only because of consecutive developments in the Constitution and in constitutional law. Many people believe that the Second Amendment means that only the military should have the right to carry guns. This is a must for the military but about everybody else is still a debatable topic. Many Americans believed that english history and the experience of colonial times, are different from the time today. The central governments are prone to use armies to oppress the people. For other purposes such as responding to sudden invasions, the government might be restricted to using a militia to fight off the situation. The militia will consist of ordinary civilians who will supply themselves with their own weapons and receive part time money. Militias are always either joined with federal, state or local government control.They described a militia or army not under no control could be considered illegal or in rebellion leading to danger. Gun control is such an important right to many individuals that they will go out of their way to make sure the right is preserved. Some ind... ... middle of paper ... ...ing to own firearms. An unknown author said, "A gun in the hand is better than a cop on the phone." This quote just shows how much more safer it is to have a gun because most cops will not be there at the scene with you, so it is much more faster than a cop on a phone coming to give assistance. Therefore, in the end, The right to keep and bear arms is attacked by those who believe the Second Amendment (the right of the people to keep and bear Arms shall not be infringed) has no place in today's society. No matter how long it will take, many people that are in favor to go the extra mile to protect the right to bear arms will fight to keep what they believe is right. It is their constitutional right to "keep and bear arms". Common sense is necessary for the safety of others when regulating gun rights, but the government has no right whatsoever to ban guns altogether.
Cornell, Saul. A Well-regulated Militia: The Founding Fathers and the Origins of Gun Control in America. Oxford: Oxford UP, 2006. Print.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
Over the centuries, the Supreme Court has always ruled that the 2nd Amendment protects the states' militia's rights to bear arms, and that this protection does not extend to individuals. In fact, legal scholars consider the issue "settled law." For this reason, the gun lobby does not fight for its perceived constitutional right to keep and bear arms before the Supreme Court, but in Congress. Interestingly, even interpreting an individual right in the 2nd Amendment presents the gun lobby with some thorny problems, like the right to keep and bear nuclear weapons.
The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
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.
Self-protection is one of the most common reasons for wanting to own firearms. Anti-gun control activists believe that they have the right to protect their family and their homes, two of the most important things in life (A man's home is his castle). An unknown author said, "A gun in the hand is better than a cop on the phone.
This debate has produced two familiar interpretations of the Second Amendment. Advocates of stricter gun control laws have tended to stress that the amendment’s militia clause guarantees nothing to the individual and that it only protects the states’ rights to be able to maintain organized military units. These people argue that the Second Amendment was merely used to place the states’ organized military forces beyond the federal government’s power to be able to disarm them. This would guarantee that the states would always have sufficient force at their command to abolish federal restraints on their rights and to resist by arms if necessary. T...
As violence and murder rates escalate in America so does the issue of gun control. The consequence of this tragedy births volatile political discourse about gun control and the Second Amendment. The crux of the question is what the founding fathers meant when they wrote, “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.” Since the writing of the Second Amendment the make and model of firearms has changed dramatically and so has the philosophies of the people. A rifle is no longer defined as a single shot, muzzle-loading musket used to primarily protect families or solely for food. Should the weapons we use today be protected by an amendment written nearly 222 years ago? Should the second amendment be rewritten? Does the Second Amendment apply to individual citizens? These questions spark extensive debates in Washington D.C. regarding what the founding fathers intended the amendment to be. The answer to this question lies in the fact that despite hundreds of gun control articles having been written , still the gun control issue remains unresolved. History tells us gun control debates will be in a stalemate until our judicial system defines or rewrites the Second Amend. This paper will examine the history of the Second Amendment, and attempt to define the framers intent, gun control legislation and look at factors that affect Americans on this specific issue...
Supporters of gun control state that to decrease crimes committed with fire arms (which amass a high majority of crimes) guns should be banned from private ownership. This removes guns from the public, therefore taking away the instrument of easily accomplishing crimes. Arthur Kellermann and Donald T. Raey, two gun control advocates, did their own research into the issue and published a discovery of their own; the 43-1 Statistic. In this statistic, Kellerman and Raey state that a gun will be used in a justified shooting one time, while forty three other people are killed by a gun unjustly, either by suicide, accident, or criminal (Heumer 9). According to these two researchers, gun ownership is not worth it. Private ownership of guns saved one life wh...
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
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.
The second amendment says, "A well regulated militia being necessary to security of a free state, the right of the people to keep and bear arms shall not be infringed." The second amendment was made for two things. It is there for first, to guarantee the individuals right to have arms for self-defense and self-preservation. The second reason is related to the militia. The right to carry a handgun for self-protection is a privilege of citizenship. The confusion is the right of the state or the individual. The regulation of handguns could be looked at as unconstitutional. The amendment is for the people and not the state.
“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 Constitution of the United States," Amendment II). This is the content of the Second Amendment. In December 15th 1791, the Second Amendment was ratified as one of the First Ten Amendments known as the Bill of Rights. Why was the Second Amendment adapted? The adaptation of the Second Amendment was promoted by two historical events: the colonization of the U.S, and Revolutionary War.
The United States is a nation with a gun culture with a magnitude unseen in any other nation on the Earth. This gun culture stems from the second amendment in the Constitution that states citizens have the right to bear arms which many Americans interpret this to mean that they have the right to own and operate any firearm uninfringed by the government. The Second amendment in the United States Constitution should be revised to completely ban the possession and sale of firearms by people living within the United States because, of the multitude of mass shootings carried out with ease using guns, guns are no longer necessary for survival as they once were in earlier colonial times, and the lack of regulations on buying gun from unlicensed dealers