2nd amendment research papers

Over the past thirty years, it has become a relevant topic to presidential campaigns, lines drawn between Republicans and Democrats, and state politics. The Second Amendment, written by James Madison, 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. The brief sentence includes both a prefatory and operative clause, which has divided scholars on the actual legalities of the amendment. Some scholars have taken the stand that the prefatory clause limits the right to keep and bear arms, only for maintaining a militia, while others take the stance that the right to bear arms is individual and free-standing in terms of owning guns.

2nd amendment research papers

Over the past thirty years, it has become a relevant topic to presidential campaigns, lines drawn between Republicans and Democrats, and state politics. The Second Amendment, written by James Madison, 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.

The brief sentence includes both a prefatory and operative clause, which has divided scholars on the actual legalities of the amendment. Some scholars have taken the stand that the prefatory clause limits the right to keep and bear arms, only for maintaining a militia, while others take the stance that the right to bear arms is individual and free-standing in terms of owning guns.

I believe that the Second Amendment of the Constitution was put into place in order to protect the collective right, and ensure the safety of the American people, though these days, it seems as though some of the citizens may be more in need of rescue from themselves, rather than a tyrannical government.

District of Columbia v. Heller Inthe Supreme Court recognized that the Second Amendment afforded the individual the right to bear arms. What was distinctive about this ruling, versus other cases, was that both sides of the court argued over the history behind the amendment itself, in order to reach a conclusion.

In most cases, the argument is made over the grammar, or the use of an additional comma, but in D. Heller, the debate centered on philosophical theory. This was the first time that the Second Amendment was judged in favor of protecting the right of citizens to own firearms, and use them in defense of their homes.

However, this response fails, because it was about historical accuracy rather than current relevancy. Justice Scalia lay out that the "right to bear and keep arms" was understood by the original framers of the constitution as a pre-existing right belonging to each individual citizen.

When the English kings who started employing tyrannical methods against their subjects who were not loyal to the crown, the right to bear arms was the way for the people of England to prevent royal tyranny.

The United States was begun as a sketched outline for an experiment in a different kind of democracy, one led for the people, by the people. Effectively taking away the right to bear and keep arms would only take the power from the people, and give it back to the government, circumventing the original point that the Constitution was trying to uphold in the first place, which constituted a government for the people, by the people.

2nd amendment research papers

The Missing Piece My argument is that D. Heller does not address the fact that history has its place, and should be learned from and built upon. In the case of The United States v. Miller, the claim about the right to bear arms was never explicitly addressed.

Instead, the case settled itself around the type of weapons that would be acceptable in the case of a Militia, and judged that a sawed off shotgun would have no place inside the Second Amendment itself.

Gun Control and the Second Amendment - Research Paper - Jessica

The surviving aspect of the U. Miller case was that it limited the scope of the word "arms" to the standard of "what is commonly in use at the time", touching on the same idea of history, but in a more current setting. My opinion is that within the U.2nd Amendment Rights just what right the Second Amendment protects.

United States v.

Second Amendment - Research Paper

Cruikshank, 92 U.S. () was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment.

Mar 28,  · Second Amendment Essay; Second Amendment Essay. The Amendment Of The Fourteenth Amendment. the Supreme Court has always ruled that the 2nd Amendment protects the states' militia's rights to bear arms, and that this protection does not extend to individuals.

The analysis of the Fifth Amendment in this research will review the background.

2nd amendment research papers

2nd amendment research paper Can you improve the answer?The Controversy of the Second Amendment of the Constitution - I. INTRODUCTION: The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial.

Essay/Term paper: The second amendment and the right to bear arms Essay, term paper, research paper: Gun Control.

The Second Amendment And The RIght To Bear Arms, you can hire a professional writer here to write you a . The second amendment is widely considered to be the most important amendment in the constitution for several reasons. It bestows the citizens with protection, defense, and it establishes greater hegemony for the nation as a whole.

- The Heller Decision: Reaffirming the Second Amendment Purpose: This paper aims to provide an analytic review of the background, context, and key decisions behind the Supreme Court’s ruling in the District of Columbia v.

Second Amendment - Research Paper