The Right to Bear Arms a Constitutional Conflict Essay

The Right to Bear Arms a Constitutional Conflict Essay

Length: 1670 words (4.8 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

The act of bearing a firearm was initially represented as a duty in England, up until King Alfred converted this duty into a right. By doing so, individuals were allowed to use firearms for two purposes: self-defense and hunting. In time, “kings chose to trust their subjects with arms and to modify and supplement the militia if need be” (Malcom 3). Individuals were given the right to bear arms in exchange for their participation in England’s militia, which consists of “able-bodied male citizens declared by law as being subject to call to military service” (“Militia”).
Additional implementations were then put into effect, one of them being King John’s recognition of the right to bear arms in the Magna Carta. This Angevin Charter will eventually “become a model for the American colonists in their struggle against the English monarchy” (Henderson 85). Further reinforcements involve banning society from hunting as well as controlling who can own a gun based on one’s religion or social class. Not only were these constraints administered towards individuals, but they were also applied to weapons. Monarchs controlled the size, type, amount and location of society’s weapons.
The manner in which monarchs handled the rights associated to bearing arms, generated an immense disagreement among the militia. The following caused the English Civil War between the Parliament and the King to break out; consequently the British Bill of Rights restored the right to bear arms for Protestants. Meanwhile in America, “British soldiers fire on unarmed Americans in Boston leading to an upsurge of revolutionary sentiment” (Henderson 88). This revolutionary conflict between Britain and America is what triggered the American War of Independence. It also i...


... middle of paper ...


...h causes a lot of disagreement and confusion at a direct level (the individual), indirect level (society) and judicial level (the court).

Works Cited
Anastaplo, George. The Amendments to the Constitution: A Commentary. Baltimore: Johns Hopkins UP, 1995. Print.
Cornell, Saul. A Well-regulated Militia: The Founding Fathers and the Origins of Gun Control in America. Oxford: Oxford UP, 2006. Print.
"District of Columbia v Heller | Casebriefs." Casebriefs. Web. 05 Mar. 2014.
Henderson, Harry. Gun Control. New York: Facts On File, 2000. Print.
Malcolm, Joyce Lee. To Keep and Bear Arms: The Origins of an Anglo-American Right. Cambridge, MA: Harvard UP, 1994. Print.
"SUMMARY OF THE RECENT MCDONALD V. CHICAGO GUN CASE." SUMMARY OF THE RECENT MCDONALD V. CHICAGO GUN CASE. Web. 04 Mar. 2014.
"United States v Emerson | Casebriefs." Casebriefs. Web. 05 Mar. 2014.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about The Second Amendment: Americans Have the Right to Bear Arms!

- The United States Constitution says that U.S. Citizens have the right to bear arms. Even though this guarantee was written with no constraints, there are now laws that limit certain aspects of gun ownership. The reasons for gun control fall under the flag of public safety. Though there are many safety reasons why private ownership of firearms should be banned, these arguments are outweighed not only by the need for protection, but because the limitation of ownership rights could become dangerous to personal freedom....   [tags: 2nd Amendment Constitution The Right To Bear Arms]

Powerful Essays
2373 words (6.8 pages)

Americans Have the Right to Keep and Bear Arms Essay

- Americans Have the Right to Keep and Bear Arms      Our rights as Americans started to take shape when the Constitution of the United States was drawn up by the delegates at the Constitutional Convention in Philadelphia. Three years later, a very important part of American history called the Bill of Rights was added. The Bill of Rights is looked upon and interpreted every day. It gives the citizens of the United States many of the rights and freedoms that we value today, and some of those are in jeopardy....   [tags: Constitutional Rights Weapons Essays]

Powerful Essays
1559 words (4.5 pages)

Essay on The Right to Bear Arms and College Campuses

- ... I had never experienced so much high level security at my high school prior to that week. It was clear everyone was on edge, from the students, to the faculty, and from the police and SWAT that were on site at our high school. Fortunately nothing happened, but I remember being very uneasy that week. Ever since that week from hell, I have wondered what it would have been like if we, as students and faculty would have been allowed to carry a firearm to protect ourselves during that uneasy time....   [tags: gun control and regulations]

Powerful Essays
1719 words (4.9 pages)

Essay Gun Control - We All Have a Right to Bear Arms

- We All Have a Right to Bear Arms    The preamble of the United States Constitution clearly states its objective: to establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity   The bill of rights is the set of amendments to the constitution intended to secure these objectives for the individual citizens of the United States. 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....   [tags: Constituton Bill Rights Right To Bear Arms]

Powerful Essays
1428 words (4.1 pages)

The Right to Keep and Bear Arms Essay

- The Right to Keep and Bear Arms The right to keep and bear arms was considered a fundamental, individual right in the original 13 colonies from the pre-Revolutionary period through the ratification of the 2nd Amendment to the US Constitution in 1791. The 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. The right to keep and bear arms has been a topic of extreme controversy in this century and can be argued equally from both sides....   [tags: Papers]

Powerful Essays
1197 words (3.4 pages)

We Must Have the Right to Keep and Bear Arms Essay

- Within the United States Constitution, amendments one through ten referred to as the “Bill of Rights” contains amendment two which reads “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” (States, 1789). Despite this amendment, gun control still remains one of the most highly-debated issues in the United States. While the Constitution clearly states our right “to keep and bear Arms”, the gun control lobbyists continue to challenge this right by using the media to convey misleading stories on how guns by themselves are the problem....   [tags: argumentative, persuasive, gun control]

Powerful Essays
1353 words (3.9 pages)

The Right to Bear Arms Essay

- Gun control has been a controversial issue for many years. A vast majority of citizens believe that if gun control is strictly enforced it would quickly reduce the threat of crime. Many innocent people feel they have the right to bear arms for protection, or even just the pleasure of hunting. Americans have a constitutional right to own hand guns and stricter laws and licensing will not affectively save lives. 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 oppres...   [tags: Argumentative Persuasive Gun Control]

Free Essays
1317 words (3.8 pages)

The Right to Bear Arms Essay

- Currently, The United States of America is at war against 27 words that were written by James Madison in 1789. The Bill of Rights is known as the first 10 amendments to The Constitution of the United States. The Bill of Rights states the rights of its citizens. 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”(Madison). Many people have argued that “to keep and bear arms” is not very obvious....   [tags: argumentative, persuasive, gun control]

Powerful Essays
1440 words (4.1 pages)

Essay about The Right to Bear Arms is a Human Right

- “A well regulated militia, being necessary to the securing of a free state, the right of the people to keep and bear arms shall not be infringed.” Those are the words of the seconds amendment to the Constitution of the United States. These words were written by the man who laid the foundation of our government today. As a constitutional right our government has no right to take away our right to concealed carry. The government may mean good by doing this, but will this really help, or only create more problems....   [tags: Anti Gun Control Essays]

Powerful Essays
609 words (1.7 pages)

Argumentative Essay: American Have the Right To Bear Arms

- Being a young American I have witnessed many problems with growing up in this great country of ours. We have homeless people who can't find work, rising inflation rates, an unbalanced budget, and more importantly, a problem with guns. Like every other good ol' boy, I am concerned about being the victim of a random shooting, but at the same time, I want to be able to take down a nice10-point buck during hunting season. Guns effect every one of us every day. They fill us with fear or they make us feel protected....   [tags: Argumentative Essays, Persuasive ]

Free Essays
1502 words (4.3 pages)