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Gun control contradicting the 2nd amendment
Gun control contradicting the 2nd amendment
Gun control contradicting the 2nd amendment
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The collective rights theory of the Second Amendment claims that the right to bear arms belongs to the people collectively, and the right relates to the foundation of “a well-regulated Militia”. Those who believe in the collective rights theory use the expression “a well-regulated Militia” to argue that the founding fathers intended only to prevent congress from removing the states right of self-defense. I agree that the term “Militia” goes more toward the collective direction a point that needs emphasizing since many people still believe the term cannot stand on its own. Starting in 1939 when the Supreme Court came to a decision in the case United States v. Miller the courts have pushed aside Second Amendment challenges to gun control legislation.
Over all, A Well Regulated Militia is a book that provided us great details on how was the Second Amendment was influencing gun control early America. Our Founding Fathers made a right decision to create the Second Amendment to give more benefits for American citizens, but in the 21st century, many crimes abused the Second Amendment as a reason for them to break the laws. Congress needs to step up and take action on guns control to stop more tragedies that involves guns in the future like in The Dark Knight Rises movie massacre.
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
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.
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 of the U.S. Constitution states 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("The Constitution of the United States," Amendment II)." This means that citizens of the United States have the right to privately own and possess firearms. However, this has created controversy because some believe that there are many who abuse this right to commit criminal acts. Some believe that this amendment only applies to the eighteenth century lifestyle when the United States was under British control. A collective rights theory asserts that citizens do not have an individual right to possess guns and that local, state and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.
A central argument put forth by gun-control advocates is that since there is no longer a "militia", that individuals should lose their rights to own a gun. They often assert that the term "militia" should now be defined as each state's National Guard or Reserves. On the other hand, anti gun control advocates argue that the Second Amendment clearly states that the people have the right to own and bear arms even if they are not part of an organized militia.
we had no legally protected rights of free speech in anything like the form we
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 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.
“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” is stated in the United States Constitution as the Second Amendment. Several Americans wish to rid of guns from citizens, disobeying and disrespecting the Constitution. I shot my first gun when I was young and have always been surrounded by them. My neighbor does not leave the house without carrying one, nor does my eighteen year old friend. Never once have I felt unsafe or uneasy knowing that there was a gun close to me. The right to bare arms has become a popular local battle in which some people want to reduce the freedom of one owning firearms while others wish for the
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.
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...
There is a familiar saying that goes, “guns don’t kill people, people kill people.”. Punctuation before the end quote. Individuals should be able to protect themselves. Therefore, the 2nd Amendment states that we as citizens have the right to keep and bear arms, and it shall not be infringed. First and foremost, the Second Amendment was adopted into the United States Constitution on December 15, 1791. In today’s society, the Second Amendment has become a huge controversy; due to the ongoing debate over guns. However, people tend to forget that the Second Amendment protects the right of the people to keep and bear arms. The right to own a weapon is not against the law. Surprisingly, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding”(MacBradaigh, 2013, para. 8). Restrictions on carrying guns in places like schools, courtrooms, and hospitals are more understandable. “The words of the founders make clear they believed the individual right to own firearms was very important: Thomas Jefferson said, “No free man shall be debarred the use of arms” ("NRA-ILA | The Second Amendment", 2013, para. 12). If the Founding Fathers felt the need to address this issue, why shouldn’t the general public do the same? Most importantly, the Second Amendment protects individual rights, not collective. Yet, some people claim differently. Many people believed that the Second Amendment pertained only to “rights that may be exercised only through participation in some corporate body” (MacBradaigh, 2013, para. 2). However, the Bill of Rights was created to protect the rights of individuals, and “in America, rights by definition belong to individuals” (...
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.