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Controversy of the second amendment
Right to bear arms, preambal
Controversy of the second amendment
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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. People have been debating the meaning of the Second Amendment since its ratification on December 15, 1791. One side feels that the Second Amendment was added to the Constitution to protect collective rights as seen in ”United States v. Miller,” while the opposing side feels that it was meant to protect individual …show more content…
rights as seen in “District of Columbia v. Heller”. The people who take the collective side feel the amendment gives each state the right to have and maintain a strong and powerful militia. They argue that the right to bear arms should only be given to organized government groups. The opposing side feels every citizen should have the right to own guns and be able to protect themselves in the face of danger. They believe this amendment was not meant to restrict citizens’ individual rights. Both sides of this argument have helped shape our views of the amendment today. The people supporting an individual’s right to own a gun, such as the National Rifle Association, argue that guns should be given to all people, not just those in the armed forces. The people supporting stricter gun control, such as the Brady Campaign, feel the Second Amendment does not give everybody the right to freely own a gun. The Supreme Court has changed the Second Amendment’s meaning many times. In 1875, the Supreme Court said that the Second Amendment didn’t apply to individual states. In 1886, they said that the right to bear arms only belonged to the Federal Government. In 2007, it was prohibited for any citizen in the District of Columbia to own a handgun. Before the case “District of Columbia v. Heller,” the Supreme Court had interpreted the meaning of the Second Amendment based on verdict of the 1939 case “United States v. Miller.” The US v. Miller case started in 1938. It was brought about because Jack Miller and Frank Layton carried unregistered sawed-off shotguns across the state line. Congress tried to crack down on machine guns and sawed-off shotguns, so they passed the National Firearms Act. The National Firearms Act imposed a tax on gun ownership and required a stamp for lawful ownership of firearms. The verdict of “United States v. Miller” suggested that the right to bear arms was collective, not individual; this collective right to bear arms was directly linked with state or government military weapons. In “District of Columbia v.
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
rights. I believe every American citizen should be able to bear arms, just like the Constitution states. I agree with the court’s decision in “District of Columbia v. Miller” because I believe that people should have the right to protect themselves in the face of danger. Interpretations before “District of Columbia v. Miller” did not allow for the freedoms the Constitution was originally written for. There should be no tax or price required to collect our Constitutional freedoms. The Second Amendment was written to protect individual rights because it was based off America’s “Unalienable Rights”, the rights to life, liberty, and the pursuit of happiness.
Since its ratification in December of 1791, the Second Amendment has created a major controversy as Americans have been arguing over the meaning and interpretation of the amendment. Due to the controversy, “angry polarization and distortion, rather
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.
United States is a country that has problems with gun control, and this issue has many debates between whether or not people should be allowed to carry a gun on them. This free county not only for speech and religion, but also allows people to have the right to bear arms. The Second Amendment of the United States was written by our Founding Fathers,“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” (Government). The main purpose of the Second Amendment when our Founding Fathers wrote this amendment was to help the American citizens to defend themselves from the government at that time, and other countries from invading their properties. However, the Second Amendment could be the opposite of what our Founding Fathers wanted it to be in the twenty-first century, because many criminals are taking advantage of the right to carry guns, which in example results with the purpose of showing off with their friends, revenge for their gang’s members, or try to be like their favorite hero in the movie they had watched. On July 20, 2012, a massive shooting occurred inside of a movie theater in Aurora, Colorado. The tragedy happened during a midnight screening of the film The Dark Knight Rises which killed twelve people and injuring seventy others. In response, this alarmed our government to rethink about the current gun control law in America. In A Well Regulated Militia by Saul Cornell, the author informed to his audience the different views of gun ownership in early America, which part was the most important part of the debate, how did slavery affect the debate over militias in the South, the Continental army officer’s views, and the arguments be...
The Second Amendment says people have the right to carry concealed handguns. Judge Richard Posner said “must be interpreted to include a right to have a concealed gun in public, to have it ready for use, and have it for self defense”. The Second Amendment also says “a well regulated Militia being necessary to the security of a free state, the right to the people to keep and bear arms shall not be infringed”. The Supreme Court has made a landmark that states ruling upholding the right of people to bear arms for hunting and self defense. The NRA argue that law bringing citizens who have gun can decrease the numbers of crimes, rates, and are safer from criminals. Since Virginia passed a right-to-carry law, more than 50,000 permits have been issued, not one crime had been dropped. Criminals are less likely to attack someone if they believe the...
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 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.
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.
The second amendment is made up of two clauses, the prefatory clause and the Operative Clause. The Prefatory clause states, “A well-regulated Militia, being necessary to the security of a free State...?” The Operative Clause states, “...the right of the people to keep and bear Arms, shall not be infringed.” There is often many discord between whether the second amendment is talking about two separate groups, the militia or the people. The prefatory clause in my opinion announces the purpose for which the right was created, but doesn't suggest the main reason that the right to bear arms is valued. According to Justice Stevens, the prefatory clause stated that the purpose was to protect the state’s interest in maintaining an armed militia to
The way that an individual interprets the wording of the Second Amendment influences their point of view on who has the right to "keep and bear arms" (Amendment 2). The controversy brought on by the Second Amendment is because the Second Amendment does not clearly define whom "the people" are. This ambiguity has left room for action by legislative bodies and the courts to pass laws and make interpretations that influence the way this Amendment is applied and enforced. The Second Amendment says, "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 2).
...o militias, and dismissed his lawsuit. Heller perused his lawsuit; the matter was appealed and sent to the Court of Appeals for the District of Columbia. The Court of Appeals reversed the lowers court decision based on reasons the Second Amendment clearly mentions an individual may bear arms while serving in the militia, and the same individual has a right protect himself and his family as sacrosanct. The court concludes that the city’s ban on handguns and its requirement that firearms in the home be kept nonfunctional violated that right. In other words, an individual need not be in a militia to own a firearm, it is an individual’s right to own a firearm in self -defense. Heller concluded his defense by saying, “self-defense is a basic right recognized by ancient legal system to present, and it is the central component of the Second Amendment”
Quite literally all the evidence from the Founding Fathers shows that there was a consensus as to what the original intent and the original meaning of the Second Amendment was. The Second Amendment was written to keep the power in the hands of the people. Its intent was to ensure that every person was able to take up arms and join other people to fight off tyrants, invaders, or unjustified insurrections. Its meaning was that the government couldn’t infringe on the right of the people to keep and bear ar...
“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” This quote from Benjamin Franklin illustrates how an emphasis on safety can drastically reduce the freedoms enjoyed by citizens of the United States, especially the Second Amendment of the U.S. Constitution which states that “...the right of the people to keep and bear arms shall not be infringed.” However, with active shooter situations such as Columbine; the Tucson, Arizona shootings, which nearly killed former Representative Gabrielle Giffords; and recent situations at Newtown, Connecticut; Los Angeles International Airport; and Westfield Garden State Plaza mall in New Jersey, the federal government has questioned this right guaranteed to us as U.S. Citizens. In Congress, it is a back-and-forth battle between the Republicans, who favor less gun control legislation and a literal translation of the Second Amendment, and the Democrats who would like to see more gun control legislation to protect the safety of citizens. However, more gun control legislation would punish law-abiding citizens, be a direct violation of the Second Amendment, and expand the power of the federal government into areas where the Founding Fathers never wanted it.
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 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...