The debate over the right to bear arms according to the Second Amendment has been a hotly contested issue for many years in American history. The matter has been one of the most controversial issues in the second half of the twentieth century and into the twenty-first; disputed between politicians on the liberal and conservative side along with issues such as abortion, capital punishment, and gay marriage. The Supreme Court has officially defined the controversial Second Amendment by stating that states have the right to maintain a militia separate from a federally controlled army (Gale Encyclopedia, pg. 155-162). However, “Courts have consistently held that the state and federal governments may lawfully regulate the sale, transfer, receipt, possession, and use of certain categories of firearms, as well as mandate who may and may not own a gun (Gale Encyclopedia, pg. 155-162).” Therefore, the issue is one that is extremely hard to clarify. Which side is right? 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 that: “... ... middle of paper ... ...t our beliefs. Though there may be a right and wrong view, perhaps Americans should be thankful when we are arguing our viewpoints that we live in a place where we can actually do so. Works Cited Gale Encyclopedia of Everyday Law. Ed. Shirelle Phelps. Vol. 1. Detroit: Gale, 2003. p155-162. “Gun Control." Funk and Wagnalls New World Encyclopedia. Web. 11 Oct. 2011. Spitzer, Robert J. The Right to Bear Arms: Rights and Liberties under the Law. Santa Barbara, CA: ABC-CLIO, 2001. Print. "The Right to Bear Arms." UMKC School of Law. Web. 16 Oct. 2011. Tushnet, Mark. "Interpreting the Right to Bear Arms---Gun Regulation and Constitutional Law." The New England Journal of Medicine. 3 Apr. 2008. Web. 15 Oct. 2011. Tushnet, Mark V. Out of Range: Why the Constitution Can't End the Battle over Guns. Oxford: Oxford UP, 2007. Print. U.S. Constitution. Amend. II.
Fields, Gary. "New Washington Gun Rules Shift Constitutional Debate." Wall Street Journal. 17 May. 2010: A. 1. SIRS Issues Researcher. Web. 22 Apr. 2014.
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Richman, Sheldon. "The Seen and Unseen in Gun Control." The Freeman 1 Oct 1998: 610-611
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.
Doeden, Matt. Gun Control: Preventing Violence or Crushing Constitutional Rights? Minneapolis: Lerner, 2012. 7- 61-63. Print.
Opposing sides have for years fought over the laws that govern firearms. For the purposes of this paper "Gun Control" is defined as policies enacted by the government that limit the legal rights of gun owners to own, carry, or use firearms, with the intent of reducing gun crimes such as murder, armed robbery, aggravated rape, and the like. So defined, gun control understandably brings favorable responses from some, and angry objections from others. The gun control debate is generally publicized because of the efforts of the Pro-Gun Lobby or the Anti-Gun Lobby.
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...
America is the most well armed nation in the world, with American citizens owning about 270 million of the world’s 875 million firearms (Marshall). Indeed, this is more than a quarter of the world’s registered firearms. The reason why Americans own so many guns is because of the Second Amendment, which 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.” (Rauch) This amendment guarantees U.S. citizens the right to have firearms. Since this amendment is relatively vague, it is up for interpretation, and is often used by gun advocates to argue for lenient gun laws. Hence, gun control is a frequently discussed controversial topic in American politics.
Professional champions of civil rights and civil liberties have been unwilling to defend the underlying principle of the right to arms. Even the conservative defense has been timid and often inept, tied less, one suspects, to abiding principle and more to the dynamics of contemporary Republican politics. Thus a right older than the Republic, one that the drafters of two constitutional amendments the Second and the Fourteenth intended to protect, and a right whose critical importance has been painfully revealed by twentieth-century history, is left undefended by the lawyers, writers, and scholars we routinely expect to defend other constitutional rights. Instead, the Second Amendment’s intellectual as well as political defense has been left in the unlikely hands of the National Rifle Association (NRA). And although the NRA deserves considerably better than the demonized reputation it has acquired, it should not be the sole or even principal voice in defense of a major constitutional provision.
United States. Committee on the Judiciary . Right to Keep and Bear Arms. Washington: GPO, 1982. Web. 30 Nov. 2015.
In America guns have been a part of the country’s society since it’s birth. Throughout history the citizens of the US have used firearms to protect the nation, protect their families, hunt for food and engage in sporting activities. The issue of Guns and gun control is complex. Weighing the rights and liberties of the individual against the welfare and safety of the public has always been a precarious balancing act. In the United States, gun control is one of these tumultuous issues that has both sides firmly entrenched in their positions. Those parties in favor of gun ownership and the freedom to use and keep arms, rely on the fact that the provision for such rights is enshrined in their constitution. In this climate of growing violence, rife with turmoil and crime, gun advocates feel more than ever that their position is justified. As citizens of the “Land of the Free” possessing a gun is a fundamental right, and may even be a necessity... Anti- gun lobbyists point to the same growing violence and gun related crimes in an effort to call on the government to take action. By enacting more laws and stricter control, these people not in favor of guns feel society would be better safer.
Firearms are a huge part of the American culture; guns are used for various tasks. These firearms have recently assumed a bad name due to the lawbreakers that have been doing horrible actions with them. However, anything can acquire a bad review or reputation due to incorrect usage. A pencil can receive the label a weapon if set in the wrong hands and participates in a horrific act. A pencil can be a weapon that states wrongful information or hurtful facts that can destroy people. There have been tragedies, which have given guns a nasty reputation, but shouldn’t the person have the awful reputation, the gun did not choose to take this action. I do agree that there should be stricter rules, and some banning of certain models would be good but not every gun should have to recompense for these acts. Not all Americans should have to suffer because of criminal deeds; numerous American citizens by means of hunting, self-defense or safety, and sporting events use firearms responsibly.
Chief Justice Burger’s “The Right To Bear Arms,” is supported by his use of historical precedence because of his authority, knowledge of the past, and his ability to accurately contrast a bygone era and its importance within the present debate. First, his
McClurg, Andrew J. Gun Control and Gun Rights: A Reader and Guide. New York: New York UP, 2002. Print.