An analysis of the second amendment in the american constitution

United States: Gun Ownership and the Supreme Court

The statement in the English Bill of Rights concerning the right to bear arms is often quoted only in the passage where it is written as above and not in its full context. And here in the United States, elected lawmakers, judges, and appointed officials who are pledged to defend the Constitution of the United States ignore, marginalize, or prevaricate about the Second Amendment routinely.

Furthermore, eighteenth century civilians routinely kept at home the very same weapons they would need if called to serve in the militia, while modern soldiers are equipped with weapons that differ significantly from those generally thought appropriate for civilian uses.

In the U. In its full context it is clear that the bill was asserting the right of Protestant citizens not to be disarmed by the King without the consent of Parliament and was merely restoring rights to Protestants that the previous King briefly and unlawfully had removed.

The Court adopted a collective rights approach in this case, determining that Congress could regulate a sawed-off shotgun that had moved in interstate commerce under the National Firearms Act of because the evidence did not suggest that the shotgun "has some reasonable relationship to the preservation or efficiency of a well regulated milita.

While it did not override earlier restrictions on the ownership of guns for hunting, it is subject to the parliamentary right to implicitly or explicitly repeal earlier enactments. Further, since your professional analysis will likely become part of litigation regarding the consequences of the Second Amendment, I ask that whatever analysis you make be a professional opinion that you would be willing to stand behind with your reputation, and even be willing to testify under oath to support, if necessary.

Peoples all around the world since time immemorial had armed themselves for the protection of themselves and others, and as organized nations began to appear these arrangements had been extended to the protection of the state.

The onset of war does not always allow time to raise and train an army, and the Revolutionary War showed that militia forces could not be relied on for national defense. Instances of the licentious and outrageous behavior of the military conservators of the peace still multiply upon us, some of which are of such nature, and have been carried to such lengths, as must serve fully to evince that a late vote of this town, calling upon its inhabitants to provide themselves with arms for their defense, was a measure as prudent as it was legal: The Court concluded that the district court erred in holding the National Firearms Act provisions unconstitutional.

The Second Amendment, one of the ten amendments to the Constitution comprising the Bill of Rightsstates: However, several questions still remain unanswered, such as whether regulations less stringent than the D.

City of ChicagoU. While Justice Alito and his supporters looked to the Due Process Clause, Justice Thomas in his concurrence stated that the Privileges and Immunities Clause should justify incorporation. The non-application of the Second Amendment to the States is good law today.

However, the Court did not have a majority on which clause of the Fourteenth Amendment incorporates the fundamental right to keep and bear arms for the purpose of self-defense. Supreme Court revisited the issue in the case of District of Columbia v. Or will be simply keep and bear the arms of our choice, as the Constitution of the United States promises us we can, and pledge that we will defend that promise with our lives, our fortuned, and our sacred honor?

They disagreed only about whether an armed populace could adequately deter federal oppression. Miller argued, among other things, that the section of the National Firearms Act regulating the interstate transport of certain firearms violated the Second Amendment.

This will not only lessen the call for military establishments, but if circumstances should at any time oblige the Government to form an army of any magnitude, that army can never be formidable to the liberties of the People, while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights, and those of their fellow-citizens.

A 5—4 majority ruled that the language and history of the Second Amendment showed that it protects a private right of individuals to have arms for their own defense, not a right of the states to maintain a militia.

Village of Morton Grove, F. This question, however, was not even raised until long after the Bill of Rights was adopted. United States, U. Mark Thompson wrote that, apart from determining the succession, the English Bill of Rights did "little more than set forth certain points of existing laws and simply secured to Englishmen the rights of which they were already posessed [ sic ].

In its June 26 decision, a majority of the Supreme Court ruled that the Second Amendment confers an individual right to keep and bear arms, and that the D.

Until recently, the judiciary treated the Second Amendment almost as a dead letter. If it were written today, it might be put: Much has changed since Hellerthe Supreme Court did not accept this view, remarking that the English right at the time of the passing of the English Bill of Rights was "clearly an individual right, having nothing whatsoever to do with service in the militia" and that it was a right not to be disarmed by the Crown and was not the granting of a new right to have arms.

Second Amendment

Subsequently, the Constitutional Convention proposed in to grant Congress exclusive power to raise and support a standing army and navy of unlimited size. The Second Amendment originally applied only to the federal government, leaving the states to regulate weapons as they saw fit.

This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.

Second Amendment to the United States Constitution

The case was appealed directly to the Supreme Court, which reversed the district court. Many considered the statute the most stringent in the nation. While I ask that your analysis not be affected by the political importance of its results, I ask that you do this because of that importance. This precedent stood for nearly 70 years when in the U.Part of the miserable ritual that follows American mass shootings is the lament that nothing can be done unless we get rid of the Second Amendment.

New York Times columnist Bret Stephens reasoned. City of Chicago, U.S. (), the Supreme Court addressed this issue, ruling that Second Amendment rights are applicable to states through the Fourteenth Amendment.] Prior to District of Columbia v.

Heller, the last time the Supreme Court interpreted the Second Amendment was in. The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, as part of the Bill of Rights.

"I am writing you to ask you for your professional opinion as an expert in English usage, to analyze the text of the Second Amendment to the United States Constitution, and extract the intent from the text.

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." Such language has created considerable debate regarding the Amendment's intended scope.

The Constitution does not say that the Second Amendment protects a right of the states or a right of the militia, and nobody offered such an interpretation during the Founding era. Abundant historical evidence indicates that the Second Amendment was meant to leave citizens with the ability to defend themselves against unlawful violence.

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An analysis of the second amendment in the american constitution
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