What Are The Three Branches Of Judicial Power

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gun laws feel that the founding fathers directed this Amendment solely to the formation of militias and are thus, outdated.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

Ratified December 15, 1791, the bill of rights was added to the U.S. Constitution as a way to ensure the protection of every individual’s rights. The bill itself is a list of rights which limits the power of the federal government and gives power back to the people in the form of rights and liberties. Some of this rights include freedom of speech, religion, and press, but perhaps the one right that still to this day has many people questioning the meaning behind its wording is the Second Amendment. The Second Amendment 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” (Acosta, 2008). In short the amendment grants the right to bear arms,

Amendment; this is the Amendment that is used as the basis for each American having the right to bear arms. It has certainly been a subject of conversation in the US; proponents argue that no one has the authority to take that right away from US citizens while opponents asking for an amendment that would allow the amendment to acclimate to current realities of the 21st century (Levintova, 2014). To understand the problem with the second amendment, one has to go back to the origin of the said law; the bill of rights was first created in 1789 along with the first ten amendments, to understand the intent of the authors of said amendments.

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.

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 Second Amendment 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”.1 It is important to understand that the Second Amendment was created in order to allow the American people to form militias in response to a tyrannical government attempting to suppress the American way of life. In order for Americans to form militias, they must uphold their freedom to bear arms as a

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).

Man will be tempted, government leaders will take advantage of their power for control, and darkness may fall over the land, but as long as good men are not idle, evil will not thrive. The second amendment enables the good to take action against evil. Thomas Jefferson put this best when he said, “No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” Our second amendment is important because it gives good men the ability to protect those self-evident truths from a corrupt and overreaching government.

The Second Amendment to the United States Constitution protects the right of the people to possess armaments for their own defense—this is one of the biggest conservative ideology arguments that the anti-gun control side stands by. In addition, banning handguns prevents people from an effective means of

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

At the time of the Bill of Rights’ ratification, the United States had only just broken free of the Articles of Confederacy, a document intended to create a loose union with the individual states holding all the power. In order to garner more support for the Constitution, the 2nd Amendment was added in to protect the states’ rights to their own armed forces—a right which is of little importance in the 21st century. Because of the strength of these arguments, pro-gun control advocates point to the historical context in which the 2nd Amendment was written in order to justify stricter laws.

The second amendment 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” (United States Constitution). This amendment was made in order to keep the freedom of the people of the United States safe from a tyrannical government. This is not only inferred from but proved by the words, “being necessary to the security of a free State”.

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 free range of interpretation of the Constitution by the branches of government has allowed the country to continue to function and not become stagnant. This is important because the laws of the 18th century United States would not be relevant to that of the 21st century. Technology and the complexity of the world are examples of why interpretation of the constitution is important because no can say for sure any of the original drafters of the constitution anticipated the size the United States would grow and how powerful the country would stand amongst other nations in the modern era. Issues of interoperation have also created a line in the sand between political parties as well as issues between citizen and state. The issue in the forefront of this is the Second amendment and the right that is described that a citizen under proper regulation can join a militia for the security of their free state as well have the right to bear arms (Brady). This amendment is open to interpretation as if much of the other Amendments has been the under controversy in to whether citizens should have the right to arm themselves with firearms. The branches of government whom are at the front of this issue are legislative whom makes laws in correspondence to those they represent as well as their political parties and the judicial branch whom enforce the laws by reviewing them legal by what is written in both law and the constitution.