Drawing Influence From Levinson ( 1989 )

The following critical analysis of the Essay, “The Second Amendment and the Right to Bear Arms” by Lee Professor of Law at William and Mary Law School, William Van Alstyne, is intended to highlight a few of the different short-comings and argumentative fallacies presented by even the most legally astute individuals who oppose forms of gun control. While the author does present a multi-facet and well-orchestrated presentation of fact and principle, there are two essential claims being asserted on his part. The author’s intent is to demonstrate the importance of gun right protection and to justify the NRA’s practices in the name of doing so. In my dissection of the essay, I intend to demonstrate the argumentative fallacies and examine the ways in which the NRA is generally harmful to the progression of gun control reform, and therefore public safety in the United

Death, violence, individual rights, crime, and cost are many words that arise when researching the controversial topic of gun control. This issue revolves around the Second Amendment of the United States Constitution and 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.” Is there a black and white answer or is there a need to find a middle ground? The foundational right must be preserved for an individual to own a gun. However, basic safety measures need to be in place for added protection and security of all Americans. To explore why this balance is the best option, it is necessary to look further into the

The right to bear arms is a birth given right to all Americans by the Second Amendment to the United States Constitution. The Second Amendment has become controversial recently due to the technological advancement of firearms. Modern firearms are capable of both high rates of fire and greater capacities of ammunition, unlike the single shot muskets that were available at the time of the Second Amendment’s conception. American liberals view these improvements in firearms as dangerous and unnecessary. However, no matter how dangerous firearms may be, the Second Amendment is a necessity for one factor alone: protection from one’s own government and it must be upheld. The Second Amendment provides a physical tool for Americans to defend themselves against a tyrannical government, it allows Americans to form militias against a tyrannical government, and it allows Americans to maintain comparable firearms of the U.S. government in order to prevent the potential loss of American freedoms in the future.

Although the 2nd Amendment only contains one sentence, the interpretation of it can be misconstrued if the use of critical thought is not applied during the analysis. Supporters of gun control argue that the ambiguous language in the 2nd Amendment leads to confusion about the interpretation. That in itself warrants further discussion about rewriting the 2nd Amendment or simply eradicating it. Also, the provision is outdated and no longer coincides with the times. In regards to the addition of “well regulated militia,” guns were meant to protect people from tyranny and any form of militarized government suppression. With that said, firearms should alternatively be restricted from other uses with

Gun control is one of the most debated about topic today in America; between news outlet, the public, and politicians. As some politicians look to resolve the gun control issues, with banning them, imposing more restriction to sellers, buyers and owner; some people and politicians consider the second amendment to be relic and should be removed from the constitution. History has shown us time and time again even through all the violence and chaos in the world and America, that there is a reason for the creation of the second amendment. From history of America independence in 1776 to the ratification of the bill of right in 1791 the 2nd amendment still remains relevant form it creation, to modern times, and the protection of America’s future; for the freedom of its inhabitants and citizens. The once influential 20th century thinker George Santayana once said, “Those who cannot remember the past are condemned to repeat it”. Looking back into ancient history, the history of second amendment, recent and current history we can find clues that will support the relevance of the 2nd amendment. We will also define the second amendment and try to find solutions to our current problems from what our forefathers had say.

As a constitutional researcher, I’ve been assigned to take a closer look at the Second Amendment of the US Constitution. The Second Constitution reads “A well-regulated militia, being necessary to the societies of a free state, the right of people to keep and to bear arms shall not be infringed.” Specifically, I am reviewing the portion of the amendment that speaks to the right to bear arms. I believe there are several constitutional issues with this part of the amendment that may not apply to today’s world.

“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.” In our political climate today, there is an ongoing debate on the meaning of the second amendment. In particular, much controversy centers upon whether we should make gun control laws more strict like the laws in DC, or if we should make laws to encourage and embrace American citizens to own firearms and carry them in public, similar to laws in Vermont. In fact, some citizens wonder why we even have the second amendment in the first place.

​In his book ‘Gunfight: The Battle over the Right to Bear Arms in America,’ Wrinkler tried to present an unbiased view towards the second amendment in the light of historical events and landmark cases that has tried to challenge or obtain the court’s interpretation. One of such cases is the ‘District of Columbia v. Heller’ case, which was argued and decided in 2008 (Supreme Court of the United States). For several instances, the provision in the Second Amendment that pertains to the right of an individual to bear arms has been contested. In fact, the clause, which 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”, is perhaps the most misconstrued clause in the American constitution (Supreme Court of the United States). Adding to the significance of this highly debatable clause is the fact that a flurry of gun related incidences has happened in the United States in the past that has taken many lives including that of children. Among the most significant authors that has attempted to answer the question or at least laid out the possibilities regarding the second amendment is Adam Wrinkler. In light of Winkler’s arguments as well as with other sources, this paper will examine the historical

One of the most controversial issues in our society today is the topic of private gun ownership and gun control laws. This controversy has arisen mostly due to the different ways that the second constitutional amendment is interpreted. The amendment states that "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" (Lott, 2000). On one side of the issue, there are those that believe that the amendment guarantees the right of individuals to possess and carry a wide variety of firearms. On the other side are those that contend that the amendment was only meant to guarantee to States the right to operate militias.

Heller, the court ruled that “the Second Amendment protects a pre-existing individual right to keep and bear arms…including, ‘the individual right to possess and carry weapons in case of confrontation’” (National Rifle Association, 2011 par 4). Although the Constitution gives individuals the right to bear arms, it does not exclude “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places…or laws imposing conditions and qualifications on the commercial sale of firearms,” (Romano & Wingert, 2011 par 13). In recent years here has been much discussion among the nation’s lawmakers and their constituents as to whether or not the Second Amendment is still constitutional; the question is whether or not the Second Amendment should be revised, to prohibit the sale of firearms to those who do not meet certain conditions and qualifications, or even removed from the constitution. According to a national survey of 1,005 high school students, conducted by Vittes, Sorrenson and Gilbert, “63.7 percent of high school students believe that regulating the sale of guns does not violate the constitution” (2003, pg 12). In the same survey, 64.6 percent responded that they would support stricter laws addressing the sale of firearms, and 82.2 percent of those surveyed, believe that the government should make and enforce laws making it more difficult for

Imagine you're sleeping at night and then suddenly, you wake up. You walk in into your kitchen and grab a glass of water and hear a noise, you realize there is someone in your house. What's your first action, what are you going to do? Our second amendment protects us in this situation. The problem solver to this situation is to get a gun and maybe use it in defense for your safety and others. Our Second Amendment gives us a right to guns and to use them for defense in order for our safety. The Second Amendment has been around for a very long time. “It seems a throwback to those earlier days of the Wild West, when many men, far from the law and order provided by the town sheriff and circuit judge, had to protect their

The Second Amendment of the United States Constitution peruses: "A very much managed Militia, being important to the security of a free State, the privilege of the individuals to keep and remain battle ready, might not be encroached." Such dialect has made extensive open deliberation in regards to the Amendment's planned degree. From one perspective, some accept that the Amendment's expression "the privilege of the individuals to keep and remain battle ready" makes an individual established a good fit for nationals of the United States. Under this "individual right hypothesis," the United States Constitution limits authoritative bodies from denying gun ownership, or at any rate, the Amendment renders prohibitory and prohibitive regulation hypothetically

Even though most legal scholars have claimed that the Second Amendment protects individuals in America right to bear arms. 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." A University instructor Sanford Levinson, who is a liberal Democrat who stands behind many measures in gun control, says the "embarrassing" second amendment empowers people to want to own guns to protect themselves. Some of the American historians believe that the use of the word militia is not meant for a specific group of people like the military, but rather it is meant for the American people as a whole. The Second Amendment, like all of the other amendments, must be read along with the constitution (The Embarrassing Second Amendment p. 1).

John p. Stevens gives the meaning of the second amendment by focusing on precedents. He gives an example of a killing of children in Newtown from grammar-school in December 2012 and other unnecessary massacres that have involved guns. He gives estimations that in general, over 30,000 people are massacred using guns. Such incidents necessitate adoption of rules to lessen their occurrences (Stevens).

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