The Amendment Rights Must Be The Most Controversial Section Of The Constitution

The title of this article corresponds with Vandercoy’s intentions of explaining the history behind the second amendment, and why it is important to the United States’ foundation. Going back to medieval times, England did not have an organized army

The debate over gun control has been raging through the American political systems for years. On one side, there is the National Rifle Association (NRA) and 2nd Amendment-citing citizens who use their firearms for hunting and self-defense. On the other, there is Handgun Control Inc. (HCI) and followers of the Brady Campaign who want to ban guns on the basis that they are dangerous. Both sides have strong arguments, anchored in historical precedent and statistical analysis. Anti-gun control lobbyists’ arguments include the guarantee of the 2nd Amendment, the definition of “militia” as any adult male, self-defense, the relative uselessness of permits and regulations, and court cases in favor of firearm possession. Pro-gun control activists

The arguments of the anti-gun lobby are generally based on so-called "common-sense" and emotional pleading, with relatively few statistics backing up their claims. They argue that the Second Amendment to the Constitution is only giving the states the right to regulate militia activity and therefore possess and "bear" arms (Rowland 3). Some of the more extreme anti-gun lobby advocate repealing the Second Amendment altogether. Since the most extreme advocates of gun control wish to ban guns regardless of the Constitution, it becomes necessary to not just examine the law of the land, and the courts interpretation, but also the underlying philosophies of both sides of the debate.

The controversial series of measures has earned the opposition of important sectors and organizations, the most influential National Rifle Association. This partnership continues to strongly support the need to maintain in force the sale and carrying of weapons, through the defense of the Second Amendment of the Constitution. It establishes the right to bear firearms under the justification of ensuring personal safety. Opposition to this is added the decisive influence of the House of Representatives.

​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

Very recently in June 2016, Orlando suffered a tragedy, when a man with an assault rifle walked into a nightclub and shot almost fifty people dead, the deadliest gun violence assault in American history. This is only one example of the horrifying assaults committed so far in the 21st century. The recent violence has unsurprisingly warranted discussion about repealing the amendment, or at least altering it. Yet, politicians are tentative on the issue, many believing that the Constitution should never be modified. The National Rifle Association and many politicians have remained obstinate on the issue, refusing to change its stance to “protect” the Second Amendment.

One of the most controversial topics in American society today is gun control. This issue has many people debating how America should perceive the second amendment. Many view the second amendment as outdated, irrelevant, or possibly dangerous in today’s society. Others believe the founding fathers’ beliefs and reasons for including the right to bear arms are often misinterpreted resulting in a fight to protect its place in the Bill of Rights. The pushers for more gun laws and the NRA are in unending debate on whether or not the second amendment continues to be relevant today. In order to understand each side’s perspective, one must know the history of the second amendment, its evolution, and how it relates to today’s society.

The Second Amendment to the U.S Constitution is fiercely debated and interpreted differently among American citizens and argued with between the Legislative and Judicial branches of our government. “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,” (Brooks). Because of the Second Amendment, citizens have the right to possess firearms and use them for protection. When researching the origin of the Second Amendment, its modern applications, and its relevance in today’s society, one can determine the Second Amendment’s current implications on today’s society.

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

The article “Gun Control Laws: Should the United States adopt stronger gun control laws?” focuses on the debate on passing stricter gun control laws. For example, supporters believe that gun control laws will decrease mass shootings and gun violence. Additionally, adopting these laws does not violate the Second Amendment, and as a result it does not limit the government from the use of fire arms when it is necessary. However, opponents argue that the gun control laws will not stop gun violence. The problem is the people holding the gun and not the gun itself. Furthermore, opponents gathered that stronger gun control laws do violate the Second Amendment. The author illustrates the debate on whether the United States should or should not adopt stronger gun control laws.

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.

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

While presented through an amendment in the Bill of Rights, the right to bear arms has been and continues to be a subject of controversy often due to the advancement of firearms over time, and overall vagueness of the Second Amendment. Examples of vagueness discrepancies are often found in interpreting the concept of what it entails when supporting a “well-regulated militia.” The development of firearms has also proven to be a major subject of debate as modern day weapons are significantly more advanced than what existed during the creation of the Second Amendment. Lastly, the argument of which citizens the Second Amendment should protect or not protect based on their criminal background or other factors has been an ongoing debate. These subjects do not cover all aspects of debate surrounding the Second Amendment, but have been tried in many Supreme Court cases and are subjects of controversy in modern politics.

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.

The continuing Mass Shootings in the United States has caused the gun control debate to intensify. While anti-gun control advocates say the Second Amendment guarantees each individual the right to bear arms, the pro-gun control group reads the Second Amendment as a collective right to bear arms; meaning organized militia are the only ones with that right. This essay will analyse the effectiveness of several different articles which present arguments for and against gun control.