Interpretation the second amendment to the constitution of the united states

See Article History Second Amendment, amendment to the Constitution of the United Statesadopted in as part of the Bill of Rightsthat provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia.

The thirty-three amendments to the United States Constitution—both ratified and unratified—are listed and detailed in the tables below. The Constitutional Convention therefore decided that the federal government should have almost unfettered authority to establish peacetime standing armies and to regulate the militia.

One of the issues the Bill resolved was the authority of the King to disarm his subjects, after James II had attempted to disarm many Protestants, and had argued with Parliament over his desire to maintain a standing or permanent army.

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.

In opposition, the British forces consisted of a mixture of the standing British ArmyLoyalist militia and Hessian mercenaries. Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome list of grievances including That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.

In the state constitutions written around the time of the Declaration of Independencethe right to bear arms was presented in different ways. Concern with border defense again became an issue after September 11,when a series of terrorist attacks, both in the form of hijacked airliners crashing into buildings and anthrax-laced mail, made people realize that we do have enemies that wish to invade our nation, though not on the scale of an army.

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. Scholars have come to call this theory "the collective rights theory. 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.

Implicit in the debate between Federalists and Anti-Federalists were two shared assumptions. Today, the state militias have evolved into the National Guard in every state. One of the arguments of the Anti-Federalists during the ratification debates was that the new nation did not arm the militias, an odd argument since neither did the U.

While it was argued by the dissent that this protection would most logically be provided by the Equal Protection Clause, not by the Due Process Clause, 27 the plurality also found enough evidence of then-existent concerns regarding the treatment of blacks by the state militia to conclude that the right to bear arms was also intended to protect against generally-applicable state regulation.

Of course, prosecution for speech violations only take place after the fact, and regulation of gun ownership is necessarily different — it is a "prior restraint," a condition rarely allowed in speech restrictions, but necessary in gun restrictions.

Today's debate With the historical context set above, a look at the current interpretations of the 2nd Amendment are appropriate.

Blackstone in his Commentaries alluded to this right to rebel as the natural right of resistance and self preservation, to be used only as a last resort, exercisable when "the sanctions of society and laws are found insufficient to restrain the violence of oppression".

McAffee and Michael J. Similarly, the Court in its dicta found regulations of similar weaponry that cannot be used for law-abiding purposes as laws that would not implicate the Second Amendment.

No longer are regular, non-Guardsmen, expected to take up arms in defense of the state or the nation though the US Code does still recognize the unorganized militia as an entity, and state laws vary on the subject [10 USC ].We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for.

The second article of amendment to the Constitution of the United States is hereby repealed.

Bill of Rights

Section 2. The right of the people to keep arms reasonable for hunting. Second Amendment, amendment to the Constitution of the United States, adopted in as part of the Bill of Rights, that provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia.

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. The Supreme Court's primary Second Amendment cases include United States v. Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion.

pp. 32– Overview. On June 26,in District of Columbia kaleiseminari.com (PDF), the United States Supreme Court issued its first decision since interpreting the Second Amendment to the United States Constitution.

The Court ruled that the Second Amendment to the U.S.

United States: Gun Ownership and the Supreme Court

Constitution confers an individual right to possess a firearm for traditionally .

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Interpretation the second amendment to the constitution of the united states
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