How to Interpret the Second Amendment The Constitution was signed on September 17, 1789. The federalists declared that the Constitution granted the new government limited powers. Anti-federalists, such as George Mason, sought after a stronger confirmation from the federal government that certain rights would not be encroached upon. After just recently breaking away from Great Britain, it is understandable that the Founding Fathers feared the rise of another domineering government. Mason wrote, “A well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defense of a free state.” If the government had the jurisdiction over citizen’s right to use firearms, then it could disarm them as the British had once done. This led to the creation of the Second Amendment of the US Constitution, 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.” Fast forward to present day; our nation is currently in the core of a large controversy over gun control laws and the meaning of the Second Amendment. The Second Amendment is one of the first ten amendments to the US Constitution that make up the Bill of Rights. The Bill of Rights was adopted in 1791 and has since been known as one of the nation’s most valued documents. The Bill of Rights is of great significance to our country because it protects our individual liberties
The 2nd amendment of the constitution maybe one of the most infamous and controversial modification of the charter. The 2nd amendment protects a citizen’s right to keep and bear arms the law states, “A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, and shall not be infringed.” (“Second amendment” n.d.). The American Bar Association (“Bill of Rights” 1791) has stated that “there is more disagreement and less understanding about this right than of any other current issue regarding the Constitution. It is a confusing right and can be inferred in many ways and is interpreted accordingly with each case. The definition of the right to keep and bear arms is one of the most argued amendments in the constitution because some state the right refers to militia and their right of bearing arms to uphold and protect the security of a free nation when needed. While others believe the amendment gives each and every individual the right to keep and bear arms. However one construes the amendment, it has been a great topic of concern, argument and debate, ever since it has been ratified.
The Second Amendment grants citizens the right to protect their freedoms, keeping the government in check and the people at liberty.
The Second Amendment is a part of the Bill of Rights, (the first 10 Amendments to the Constitution) the framework to elucidate upon the freedoms of the individual. The Bill of Rights was planned and sent to the states, and were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification (three-fourths of the States) on December 15, 1791.
The Second Amendment is making headlines these days. 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 Amendment was ratified in December of 1791. This amendment was proposed by James Madison, after the constitution was ratified. “James Madison originally proposed the Second Amendment shortly after the Constitution was officially ratified as a way to provide more power to state militias…” (Brooks, The Second Amendment and the Right to Bear Arms) The latest court case on the Second Amendment is the Peruta v. California “case”. But that was turned down the case. The Second Amendment is important because it provides self defense, enables U.S. citizens to hunt for food, and it allows for citizens of states in the U.S. to form militias.
The Second Amendment was very important to the Constitution and was included because the government wanted the people to be able operate weapons, defend and fight when they were called upon to do so. When the Constitution was written, we had just ended a fight for independence from England. As a newly free county, without organized militia, as we have today, it was necessary that every person be able to fight.
Ratified December 15, 1791, the bill of rights was added to the U.S. Constitution as a way to ensure the protection of every individual’s rights. The bill itself is a list of rights which limits the power of the federal government and gives power back to the people in the form of rights and liberties. Some of this rights include freedom of speech, religion, and press, but perhaps the one right that still to this day has many people questioning the meaning behind its wording is the Second Amendment. The Second Amendment 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” (Acosta, 2008). In short the amendment grants the right to bear arms,
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.
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
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
The second amendment of United States constitution said “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 was embraced on December 15, 1791, taking in consideration that American citizens have a natural right to self-defense and they can help to accomplish the following purposes:
This timeless phrase, the Second Amendment of the United States’ Constitution, is an enduring example of the principles and ideals that our country was founded on. With this statement, the founders of this country explicitly and perpetually guaranteed the American individual the right to keep and bear arms. An incomparably crucial element of this country‘s origins, the Second Amendment and the rights it guarantees have proved vital to the growth and success of our nation.
The first amendment is one of the most used amendments today. Everyone in the world uses it and sometimes takes advantage of it and most times uses it when needed to. The Bill Of Rights was created on December 15th of 1779 and was created to make some rules in the future because no one had the freedom to do anything. Most were punished if they spoke their opinion, they did not even have the right to choose their own religion. But that all changed when James Madison wrote the Bill of Rights which is our first ten amendments. The First Amendment is and always will be the most used amendment today.
Repealing the second amendment would not make America safer because it does not penalize the criminals doing harm but the law abiding citizens exercising their right to self-defense. As stated in the book In Our Defense, Zangrilli argues "the ordinance penalizes the victim, not the criminal." An ordinance to prohibit handguns in Morton Grove, a small town in the United States. The point of the 2nd amendment was to be able to balance the power of the state and the power of the people. Around the late 18th century, mass production of firearms ensured that almost everyone could afford a rifle. This equality of arms between the people and the state allowed for individuals to assert their right to self-defense. The ability for the people to resist
The truth to the statement that “Texas has a love affair with the 2nd amendment more than any of the other amendments” is circumstantial depending on the interpretation of the 2nd amendment. The second amendment is the most challenged amendment because it is so vaguely worded and not straight forward. It 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.” This somewhat incoherent statement leaves policy makers wondering whether the founding fathers were trying to protect gun ownership rights only for purposes of military duty and collective security or wanted to make guns accessible to all so that they could protect themselves. In order to asses if Texas’ love affair with the second amendment, we must look at the second amendment from both sides of the interpretation.
At the time of the Bill of Rights’ ratification, the United States had only just broken free of the Articles of Confederacy, a document intended to create a loose union with the individual states holding all the power. In order to garner more support for the Constitution, the 2nd Amendment was added in to protect the states’ rights to their own armed forces—a right which is of little importance in the 21st century. Because of the strength of these arguments, pro-gun control advocates point to the historical context in which the 2nd Amendment was written in order to justify stricter laws.