Through the decision in District of Columbia v. Heller (2008), the Supreme Court sets their first precedent concerning the Second Amendment’s protection of an individual’s right to possess firearms for self-defense by establishing the individual right of gun ownership for lawful purposes. The Court grants this interpretation of the Second Amendment after the U.S. Circuit Courts have set a six decade precedent of rejecting challenges to federal regulation of firearms with few exceptions under the United States v. Miller (1939) decision. Fox News Channel’s senior judicial analyst Andrew Napolitano, writing in defense of this decision, states that self-defense using firearms is a natural right enshrined by the Second Amendment, and that historical precedents of using guns to successfully defend against tyrants justify the current need for guns, not only for recreational activities such as hunting deer, but also for weapons with sufficient power to defend against enemies with equal effectiveness. Furthermore, supporters interpret the Second Amendment to apply to the individual’s right to keep and bear arms. However, based on the preamble to the Amendment, historical context, and the precedent case United States v. Miller, the Second Amendment intends to protect the right of people in a militia to keep and bear arms and does not preclude federal restriction of individual firearm ownership, especially considering the changes to the structure of the American militia and military
“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.” - Second Amendment. Throughout history, this sentence of twenty seven words has caused an intense debate. The polemic is that some people claim that a gun control policy is unconstitutional, while others disagree and even say it is necessary in order to reduce crime. Now, what does gun control mean? If it means to analyze who is responsible enough to own a gun by a “Universal Background Check”; that sounds right to everyone. But in the article “What Are Obama’s Gun Control Proposals? An Easy Guide” published in the National Journal by Matt Vasilogambros. The author states that the “gun-control
More than than 270,000 troops are being denied their gun rights,mainly from the thoughts of those who are against the 2nd Amement. It really is common in the United States. And they also are very powerful and one shot can change your life for the worst, if used incorrectly. And that shot can or even could killed somebody. And that what makes them deadly. Guns are essiential to the United States of America because guns give us protection, and they are used for hunting and other recreational activities, and they really aren’t the biggest problem to the country.
On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves. However, it only helped the white race.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble peacefully, and to petition the Government for e redress of grievances.
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the
We have had several of the worst mass shootings in our nation's history in quick succession over the past few years. Certain legal restrictions and acts from our government could have prevented numerous deaths. Common sense background checks and limitations to cartridge size and assault weapons would surely have saved many lives at the Las Vegas Massacre, but certain men and women claim that these restrictions violate their second amendment right. They claim that guns aren't the problem. That guns don't kill people, people kill people. So limiting access to devastating guns is just avoiding the problem. The Second Amendment right presumably violated by common sense gun control is “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” (Second Amendment). The Second Amendment states that for the need of a well regulated militia to protect the security of the free state and the right for the people to keep and bear arms. Militias have been inactive for decades so in a sense the intent of the amendment is no longer relevant. Based on the 2nd Amendment, the Constitution is not still a valuable and viable document in modern America because it stands in the way of thorough background checks, training courses, and its vague wording and absolute intent make it inefficient to maintain peace and order and should be amended “To the People of the United
The First Amendments is a blessing that the United States is fortunate enough to have. First and foremost, First Amendment protects the right to freedom of religion and expression, without any government interference ("First Amendment" n.p.). The freedom of expression includes the right to free speech, press, assembly, and to petition the government for a redress of grievances ("First Amendment" n.p.). Redress of grievances guarantees people the right to ask the government to provide relief for a wrong through courts or other governmental action ("First Amendment" n.p.). People are allowed to practice their own religions and do not have to conform to one religion, all because of the First Amendment. People's rights are protected with no government interference.
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
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble peacefully, and to petition the Government for a redress of grievances.
The First Amendment to the U.S. Constitution is part of our countries Bill of Rights. The first amendment is perhaps the most important part of the U.S. Constitution because the amendment guarantees citizens freedom of religion, speech, writing and publishing, peaceful assembly, and the freedom to raise grievances with the Government. In addition, amendment requires that there be a separation maintained between church and state.
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 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish after publication. At various times many states passed laws in contradiction to the freedoms guaranteed in the 1st Amendment. However broadcast has always been considered a special exemption to free speech laws for two reasons. 1) the most important reasons is the scarcity of spectrum and the 2) is the persuasiveness of the medium. Because radio and TV come into the house, and may be heard or seen by unsupervised children, the government feels a special responsibility to protect the American people. As Herbert Hoover said to, "doublegaurd them."
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 to the Constitution gave United States citizens the right to bear arms. Although, the Second Amendment stated: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms. However, the framers could not foresee the type of violence we have in our cities today. Innocent citizens have and are being brutally killed due to this amendment. Stricter gun control laws must be enacted to receive these types of weapons.
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.