Modern debates about the meaning of the Second Amendment have focused on whether it protects a right of individuals to keep and bear arms or, instead, a right of the states to maintain militia organizations like the National Guard. This question, however, was apparently never even discussed for a long time after the Bill of Rights was framed. The early discussions took the basic meaning of the amendment largely for granted and focused instead on whether it actually added anything significant to the original Constitution. The debate has shifted primarily because of subsequent developments in the Constitution and in constitutional law. The Founding generation mistrusted standing armies. Many Americans believed, on the basis of English history
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 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." A militia is an armed group of citizens who defend their community as emergencies arise.
In his book ‘Gunfight: The Battle over the Right to Bear Arms in America,’ Wrinkler tried to present an unbiased view towards the second amendment in the light of historical events and landmark cases that has tried to challenge or obtain the court’s interpretation. One of such cases is the ‘District of Columbia v. Heller’ case, which was argued and decided in 2008 (Supreme Court of the United States). For several instances, the provision in the Second Amendment that pertains to the right of an individual to bear arms has been contested. In fact, the clause, which 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”, is perhaps the most misconstrued clause in the American constitution (Supreme Court of the United States). Adding to the significance of this highly debatable clause is the fact that a flurry of gun related incidences has happened in the United States in the past that has taken many lives including that of children. Among the most significant authors that has attempted to answer the question or at least laid out the possibilities regarding the second amendment is Adam Wrinkler. In light of Winkler’s arguments as well as with other sources, this paper will examine the historical
What does the second amendment mean in the constitution.The second amendment is about Gun Control. What is Gun Control? Gun Control is your rights to own and use a gun. Guns are very dangerous and they are a serious issue. There are tons of accidental deaths caused by not using the correct safety rules. What does the second amendment say about gun control in the constitution? The amendment stated 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”. But do we all agree on this amendment?
What Does the Second Amendment Mean to Me? The second amendment: 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, has three parts to it, each involving weaponry. The entire sentence is all about the right to bear arms, or carry a weapon. Having a “well-regulated militia,” meaning all men, from the age of sixteen to sixty, had to be involved in a local militia or military service. In early American history most, if not everyone had a gun, those who did not have a gun were ordered by law to pay a small tax in place of service for the military.
Chrystine Archer National Government T&R 12:30 Essay #1 10/03/2017 2nd Amendment to the United States Constitution I chose to write about the Second Amendment which is the right for people to keep and bear arms simply because it is one of the most controversial amendments we have. The concern behind it stems from the question “who are we really protecting, the people or the government?” In this essay I plan to explain the history behind it, also how and why is it so important to the US constitution today?
¨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¨ (Bill of Rights Institute). This is clearly stated in the Second Amendment located in the Bill of Rights. Although it seems like just a simple law, there are many aspects that had to be considered while making them, including how they would be used today. When applying the information researched, one can analyze the history of the Second Amendment, modern implications, and its current effectiveness.
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.
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 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 second amendment was likely created because while Britain had ruled America, there was a standing army in the colonies. The Americans no longer trusted standing armies. Instead, they had they had state militias that made up of volunteers. This is important because it helps insure that tyranny will not occur by spreading out the privilege of governing military forces to officials that are elected by the people. The second right protected in the second amendment is the right to bear arms. There is has been much debate over the meaning of this part of the amendment. While some people believe that owning guns protects the right to self-defense, others think that, unlike the time that this bill was passed, personal gun are not necessary to Americans’
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
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.
According to The Second Amendment of the Constitution, the citizens of the United States have the right to own and bear arms, in order to form a well-regulated militia for the security of the states. This right has been discussed for decades as an important issue for the American society, and it has been one of the most controversial issues in the second half of the twentieth century until nowadays. This right germinated with the threat to freedom that the standing army of professional soldiers brought to the Americans. Some argued that the right to bear arms is mainly concerned with self-defense while others argued that this right was implemented to avoid militia disarmament and protect the Free State. This right was
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.