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Evolution Of The Second Amendment Essay

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This source talks about the beginning and evolution of the second amendment. It talks about its original intentions, then goes on to explain how it is being interpreted today. The biggest debate is whether the amendment is the private right of citizens to bear arms, or a right that can be exercised only through militia organizations. The purpose of this amendment was so that there would not have to be a need of a large military since it was believed that this would suppress the people. If there was a small invasion then the militia could handle it. With the revolutionary war, however, this was shown to be ineffective. Congress then decided that the Federal government should have the power to be able to establish armies, and control the militia. This brought up a lot of argument from the Federalists, and the anti-Federalists. The anti-Federalists thought badly of this decision because it would take …show more content…

It was envisioned by the founding fathers as the “true palladium of liberty.” It provides the states the last “coup de grace” that would help states oppose the government. The origins of this amendment can be traced back to ancient Roman times, but the English origins came from Queen Elizabeth I. The first hearing for the amendment was Presser v. Illinois (1886). The Supreme Court concluded that the amendment prevented states from prohibiting people from bearing arms. In United States v. Schwimmer (1929) The Supreme Court concluded that the amendment was putting forth the duty of defending the country of all enemies. In United States v. Miller with the National Firearms Act of 1934, that having a shotgun with a barrel under 18 inches (sawed off shotgun) was not included in military equipment. In District of Columbia v. Heller (2008) the Supreme Court concluded that self defense was the primary reason of the amendment. This meant that the District of Columbia’s ban on rifles and shotguns was

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Both Federalists, those promoting a strong central government, and the Antifederalists, those believing that liberties including the right of self-rule would be protected best by preservation of local autonomy, agreed that arms and liberty were inextricably linked. Additional views on the relationship between freedom and arms were expressed when the Constitution was being submitted to the states for ratification. The Antifederalists believed that governmental tyranny was the primary evil against which the people had to defend in creating a new constitution; and, to prevent such tyranny, they argued for the addition of a Bill of Rights which included, among other rights, the right to keep and bear arms. The Federalists, those supporting the Constitution as drafted, did not dispute the premise that governmental tyranny was the primary evil that people had to guard against. In summary, both Federalists and Antifederalists believed that the main danger to the republic was tyrannical government and the ultimate check on tyrannical government was an armed population for the sake of liberty (Vandercoy

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685 Words | 3 Pages

This touches on the second part of the amendment, that the people are to be armed, and their right to bear arms shall not be infringed. In fact, when putting the two parts together, this amendment almost outlines a responsibility of the American citizen. Because a well regulated militia is necessary for the security of this nation, and the rights of the people, their right to own weapons shall not be

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1242 Words | 5 Pages

But, as time progressed and England passed unjust laws oppressing American colonists the right to bear arms faded. It was introduced as an amendment to the constitution because at that time, society didn’t have a police force (they did however have state run militias) and people had to defend themselves. The framers of the constitution believed in self-defense, and used the existing definition of right to bear arms from the English Law and applied it to the

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The Second amendment was embraced during the month of December in 1791, along with the other amendments, which are named the Bill of Rights. “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” (Document #10). To break down the amendment you have to break it into three words. First, the militia, those who were involved in the militia (males sixteen to sixty), were involved because of their lack of ownership of a gun. Those also involved in the militia were called upon for defense of the State or the Nation.

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When the U. S. Supreme Court issued its seminal rulings in Heller (2008) and McDonald (2010), finding that the Second Amendment does in fact guarantee an individual right to keep and bear arms that must be recognized by the states, many Americans felt like the issue of the Second Amendment had finally been settled in America. Unfortunately, as we would quickly see in Chicago, Washington, D.C., and elsewhere -- it was only the latest chapter in what has become an endless battle for the natural right of self-defense. Take, for instance, the District of Columbia’s post-Heller “fix” to its unconstitutional gun laws -- forcing citizens to obtain a license to carry firearms outside their home, but failing to provide any mechanism by which to obtain a license. In other jurisdictions, including Illinois and Seattle, officials attempted to create de facto gun bans by increasing the cost of ownership through taxes and fees, regardless of the impact on minority citizens.

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James Madison proposed the Second Amendment after the Constitution was ratified as a way to provide power to state militias, today known as the National Guard. The Second Amendment has two different interpretations. One interpretation suggests that it is made for common rights, while others say it is for personal rights. On the common right side, the clause “a well-regulated militia” would mean that the right to bear arms is for the National Guard, not the individual citizen.

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amendment is also not granted by the US constitution. To many people, the second amendment is not clear. It confuses a lot in that some people argue that those that have the rights to possess firearms for self-defense are only the military. It does not specify that the citizens have the right to own firearms for self-defense and personal use. A study conducted by a Yale Professor showed that the “shall-issue” laws resulted in a rise in the rates of the violence, crimes, rape, and robbery hence with this it could be concluded that ownership of firearms by citizens lead to an increase in the crime rates.

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In December 1791, the Second Amendment was adopted, along with nine other amendments. The Second amendment gave people the right to keep and bear arms. More precisely, the Second Amendment gave the right for people to bear arms themselves because a well regulated militia was necessary to the security of the free state when the military was not stable enough(Yuhas, 2017). This was adopted 226 years ago. At the time, the founding fathers of America knew that society could be safe when everyone had the right to possess guns.

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The author's primary focus in this article is to illustrate and create awareness for the evolution of the First Amendment. The first amendment has been defined over the years as protecting Americans basic liberties, that being the freedom of religion, speech, press, petition, and assembly. The author introduces the factors that ultimately altered the definition of the amendment. The people’s misinterpretation of the amendment was the primarily the factor developing the evolution of the First Amendment.

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Nelson Lund, a Professor at George Mason University School of Law states, "The right to self-defense and to the means of defending oneself is a basic natural right that grows out of the right to life" (Lund). The second amendment has been used frequently in these debates, enforcing the right to bear arms for self-defense, and that owning a gun is a fundamental right for everyone. These are two valid points that have been a part of our country since the beginning of its history, and to take it away would completely ruin the reputation of our free country. However, the second amendment was instituted in 1791 to protect the citizens of America from the return of the British so homeowners could protect themselves in case on invasions.

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The Second Amendment to the United States Constitution protects the right of the individual to keep and bear firearms. When the Second Amendment was written it was for the right to arm oneself as a personal liberty to deter undemocratic or oppressive governing bodies from forming and to repel impending invasions. Furthermore, gun advocates proclaim that guns are for the right to self-defense. Some people try to participate and uphold the law. We have seen how guns in the hands of children can cause fatal accidents and people have committed mindless crimes leading to

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The second amendment states that people have a right to bear arms under a well-regulated militia. This amendment was added to the Bill of Rights because the Americans had just finished fighting The American Revolution with the British government for independence-- Gun control by the British was one of the catalysts of this war. With the revolution fresh in mind, the Americans had registered that there was a need to unite and form a union; however, some Americans felt that a union could result in something similar to the tyranny that the British had imposed on them. They were hesitant of placing the power on a small handful of people-- The second amendment helped take some power from the government and give it to the people.

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685 Words | 3 Pages

" Some reasons why this amendment was made are that the framers wanted adults to know how to use a weapon and to be ready to use a weapon if they were attacked. During this time, the British troops were still attempting to overtake the new land, one of the ways they did this was by attempting to take the people’s guns. There was still reason to believe that British would still attack the new country and the United States did not have a real army, so any military action needed to be responded to by

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The right to bear arms has been a controversial issue ever since James Madison established it as the second amendment of the constitution. 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” (US Const. amend. II). Those in favor of the second amendment, believe that arms are used for protection, dangerous situations, and sports.

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"The First Amendment of the United States Bill of Rights reads as follows, “Congress shall make no law... abridging the freedom of speech” (Bill of Rights, Amendment 1, 1791). The amendment, along with the other first 10 amendments to the United States Constitution, were created out of demand by the people of the United States, who were concerned that the United States Constitution did not guarantee the rights of United States citizens. The Americans had just recently won a war against the British Empire, gaining independence in the process, and they feared that not including some of the rights of man as part of the constitution could lead to a continuation of the tyranny the Americans faced under the colonial system. The First Amendment was created to guarantee that any American could say anything they wanted without punishment,

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