The Second Amendment : Should We Keep It Or Lose It?

What was the court’s decision in the case? What reason did they give? What landmark case did they cite?

Many people are familiar with the second amendment. However, this amendment has been interpreted many different ways to fit the wants of this society. It has been used and several times by the Supreme Court and politicians. But we need to examine the second amendment closely. Many people fail to mention or read the small print. The second amendment was ratified in 1791. The second amendment states:

The Daily Record Staff. "Legal Opinions - U.S. Supreme Court: October 14, 2008." Daily Record, The; Baltimore, Md.. 14 Oct. 2008 eLibrary. Web. 20 Jan. 2012.

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 U.S constitution is in place to protect citizens rights from the government. It plays as a check in balance in powers amongst the most powerful. But why is that even with the constitution in place to protect us, we find certain discrepancies which result in Supreme Court cases or Landmark cases. One of the most disputable amendments in our constituting governmental platform is, to much surprise, the 2nd amendment. In my opinion, its due to its broadness in explanation. According to constitutioncenter, the 2nd amendment Passed by Congress September 25, 1789. Ratified December 15, 1791, and its states as followed, “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.” As you can see, its brief in what its prerogative is, but not specific on situational based questions. We as humans want to know the “what ifs” in any situation especially when something isn’t addressed. This results in cases that end up in the Supreme court. One of the most notable cases regarding the 2nd amendment, was District of Columbia v. Heller (2008).

In this case, Dick Heller, a police officer, authorized to carry a handgun while on duty wanted a handgun to own and keep at his home. The District of Columbia refused so Dick Heller filed a lawsuit in the Federal District Court in the District of Columbia, which eventually also went to the Supreme Court. In June 2008, the Supreme Court, in a 5-4 decision, determined the provisions of the Firearms Control Regulation Act of 1975 as unconstitutional. They stated that “handguns or arms for the purpose of self-defense do not have to be trigger locked”.

Now lets ask ourselves, what does the second amendment mean? Who gets to keep and bear arms? One side focuses on the phrase “A well-regulated militia” to argue that only people who are in a militia such as the National Guard have the right to bear arms. The other side focuses on the phrase “The right of the people” to argue that law-abiding citizens, whether or not they are in a militia have the right to bear arms. Who’s correct? For further insight, the wisdom and prudence of our founding fathers proves to be instructive, as they lived in this influential time. In the Federal Farmer number 28, Richard Henry Lee wrote, “A militia when properly formed are in fact the people themselves.” In congruence with Richard’s thinking Thomas Jefferson wrote a letter to James Madison saying, “What country can preserve its liberties if their rulers are not warned from time to time that their people preserve

     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.

“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear

Heller applied for a one year licenses so that he could keep a handgun at home for self defence purposes, but he was denied. Heller then went on to sue D.C. for violating his second amendment right. The case was taken to D.C.’s district court. Hellers case

The Second Amendment says “ 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 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.

The first half of the 2nd Amendment states that “A well regulated militia, being necessary to the security of a free state”. This was put in place to ensure that the government or

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

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.