The debate over the right to bear arms according to the Second Amendment has been a hotly contested issue for many years in American history. The matter has been one of the most controversial issues in the second half of the twentieth century and into the twenty-first; disputed between politicians on the liberal and conservative side along with issues such as abortion, capital punishment, and gay marriage. The Supreme Court has officially defined the controversial Second Amendment by stating that states have the right to maintain a militia separate from a federally controlled army (Gale Encyclopedia, pg. 155-162). However, “Courts have consistently held that the state and federal governments may lawfully regulate the sale, transfer, …show more content…
Const., amend. II).” There have been two main arguments that have stemmed from the different interpretations of the national document. “One argument supported that the Second Amendment supported an individual or personal right to have firearms, in particular for self-defense, separate and apart from citizen service in government militia. The second argument was that the amendment created a citizen “right of revolution” or “insurrection”, meaning that citizens had a right to engage in armed revolt against their government if they felt that the government was behaving in an unjust manner (Spitzer, The Right to Bear Arms).” Both of these views have been at the heart of the controversy of gun control. Some could say that it really depends on whom you talk to of how the Second Amendment applies to the current battle over gun control in today’s society. For example, gun rights advocates like the NRA (National Rifle Association) interpret the Amendment to ensure the right of individuals to possess and carry firearms (A Right to Bear Arms?, UMKC School of Law). Gun control advocates such as the Brady Campaign to Prevent Gun Violence state that the term “militia” is used elsewhere in the Constitution, and it always refers to the state-organized militia (Tushnet, Interpreting). They believe that the Second Amendment is specifically slated towards the state-organized militia. The Amendment means that the Congress cannot disarm the
The Second Amendment states that people have the right to bear arms, but this is one of the most controversial and most-debated amendments. This is due to the fact that guns are dangerous, and are not always only used for self-defense. Guns have been used to kill children and faculty in schools, to violently make a political statement, and to threaten and scare citizens. Yet, the Second Amendment still stands. In a recent case, the Supreme Court interpreted the Second Amendment.
The second amendment of the United States 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” (Constitution). This has started a huge debate on whether or not this should be true. On one hand people believe that “the right of the people to keep and bear Arms" make an individual right in constitution. Under this theory the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. Gun control is considered unconstitutional by many American citizens, as it should be. Gun control is laws or
The Second Amendment in our constitution, is one that is commonly mistaken. The Second Amendment does not state that a single citizen has the right to protect themselves with a gun. Most people do not know the text actually says, "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear
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.
Throughout the years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only. This side is in favor of having stricter gun control laws, as they feel that by having stricter laws the number of crimes that are being
The second amendment of the 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.” (Cornell Law) For over fifty years, the amendment has been interpreted to the courts that people individually do not have the right to own gun, but rather that this right is to be regulated by legislatives on the federal,
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 of the United States Constitution is the amendment of the United States Bill of Rights that protects the right to keep and bear arms. The amendment clearly 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. This means that citizens of the United States shall be able to carry firearms within reason to do so, when pertaining to safety. The Second Amendment has been disputed over the years and has become very controversial for many reasons. On one hand, it is considered to be one of the most important amendments in the Constitution because it presents the citizens of the United States with a means to protect themselves. On the other hand, some feel that over the years, certain citizens have over stepped their second amendment rights and as a result, there have been a number of national tragedies with numerous casualties.
According to The Second Amendment of the Constitution, the citizens of the United States have the right to own and bear arms, in order to form a well-regulated militia for the security of the states. This right has been discussed for decades as an important issue for the American society, and it has been one of the most controversial issues in the second half of the twentieth century until nowadays. This right germinated with the threat to freedom that the standing army of professional soldiers brought to the Americans. Some argued that the right to bear arms is mainly concerned with self-defense while others argued that this right was implemented to avoid militia disarmament and protect the Free State. This right was
In America guns have been a part of the country’s society since it’s birth. Throughout history the citizens of the US have used firearms to protect the nation, protect their families, hunt for food and engage in sporting activities. The issue of Guns and gun control is complex. Weighing the rights and liberties of the individual against the welfare and safety of the public has always been a precarious balancing act. In the United States, gun control is one of these tumultuous issues that has both sides firmly entrenched in their positions. Those parties in favor of gun ownership and the freedom to use and keep arms, rely on the fact that the provision for such rights is enshrined in their constitution. In this climate of
The gun debate in the United States widely revolves around the intended interpretation of the Second Amendment. Those who support gun rights claim that the founding fathers developed and subsequently ratified the Second Amendment to guarantee the individual’s right to keep and bear arms. Those who want more stringent gun laws feel that the founding fathers directed this Amendment solely to the formation of militias and are thus, outdated.
For the last few years when you turn on the news there has been a mass shooting somewhere in the United States. This sparked up massive debates about the right to bear arms. Then lobbyists like the NRA, (National Rifle Association), step in and started to protect our rights to have firearms. Since then people all over the United States have been debating about gun rights. The Second Amendment, “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 the most debated amendment in the Constitution.
"I have a very strict gun control policy: if there's a gun around, I want to be in control of it."
The Second Amendment of the United States Constitution 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.” The constitution is clearly saying all citizens have the right to be able to own and carry a weapon or firearm. On June 26, 2008, in District of Columbia v. Heller, the United States Supreme Court held in a 5-4 decision that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves (Cornell 1). This is showing how our founding fathers supported the right to bear arms.
The second Amendment to the United States Constitution protects the right of people to bear arms and was adopted in 1791. It guarantees all Americans "the right of the people to keep and bear Arms, shall not be infringed." It is more described as supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state. Former Chief Justice of the United States, Warren E. Burger writes an essay regarding “The Right To Bear Arms,” that originally appeared in the Parade Magazine in the 1990’s that questions if “The Right To Bear Arms,” is an outdated idea. Burger argument is that the gun control would lower if handguns were lowered. He also talks about the”Militias,” which is an army that protects the security of the state. Our “State Militias,” in our time, serves as a huge national defense.