The First Amendment : The Ratification Of The Second Amendment

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 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gun laws feel that the founding fathers directed this Amendment solely to the formation of militias and are thus, outdated.

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.

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

On September 17, 1787, the United States Constitution was signed by delegates to the Constitutional Convention in Philadelphia, who were directed by George Washington. The 1787 convention was called to draft a new legal system for the United States now that the states were free and colonized. This new Constitution was made to increase federal authority while still protecting the rights of citizens. It established America’s National Government. In 1971, the Bill of Rights were added to Constitution containing the 10 amendments guaranteeing protection for citizens. The first commandment consisting of freedom of speech and religion. The First Amendment to the U.S. Constitution reads:

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:

     “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.”

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 constitution, it is quite possibly the largest piece of the puzzle that makes America what it is. This document allows the American people to be who they are. The constitution and its amendments outline the rules that are to be followed by and the rights that are given to the people and the government.

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.

When America first became a country branching away from Great Britain, firearms played a huge role. After the war, firearms were still an every day thing for civilians, using them for hunting and or self-defense. With the second amendment has come with a controversial topic when it comes to regulating guns in our country. This topic affects the United States nationally, as well as local state to state as they try to regulate how guns should be handled. From the core amendment values such as the second amendment have changed how the amendment is viewed overtime, so has the evolution of guns and how they are viewed in today’s society.

Some Americans feel that because guns are already regulated in so many other countries, America should just follow suit, while others believe guns both represent and help guarantee our independence, our liberty, and our freedom to make our own decisions. The founding fathers anticipated that gun control could become a serious issue in the future, so they added the Second Amendment to the Constitution. 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.“ Most gun control activists focus in isolation on the beginning of the amendment where the founders wrote that a well-regulated militia is necessary to the security of a free state. They then try to argue that only the military or the National Guard should have access to guns, not individuals. In so arguing, however, they completely ignore the last part of the Second Amendment, which provides that the right of the people to keep and bear arms shall not be infringed. The founders obviously envisioned that the people would keep and use firearms to protect themselves and their country. Unfortunately many politicians don’t see it that way. Yet, the Supreme Court has struck down firearm bans again and again. The 2008 Supreme Court case, District of Columbia vs. Heller,

First, opponents of the ban of assault weapons claim that the second amendment protects their right to possess assault weapons. According to the second amendment, “the right of the people to keep and bear arms shall not be infringed" (Strasser). American tradition that lasted for many years would be infringed upon as more gun control laws would violate the right to bear arms. The second amendment also protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense (District of Columbia V. Heller). Furthermore, it was intended to protect the right of gun ownership of all men so they can be prepared to form a military to retain peace and defend their country at any time. Adam Winkler said, ”A 1792 federal law required that every man eligible for militia service own a gun and ammunition suitable for military service, report for frequent inspection of their guns, and register their gun ownership of public records” (Winkler).