Two years ago, in June of 2008, the Supreme Court ruled in District of Columbia v. Heller that District of Columbia’s law which banned its citizens from keeping a handgun in their home violated the Second Amendment, which protects the right of the people to keep and bear arms. When looking back on this case, it must be noted that the Supreme Court did not clearly define whether or not the Second Amendment applied to the States, since the District of Columbia is a federal territory, run solely by Congress. Fast forward to today in Oak Park, which is a suburb of Chicago, they have laws in place that ban almost all citizens from possessing a handgun. Otis McDonald, Adams Orlov, Colleen Lawson, and David Lawson filed a suit against the city, stating this ban has left them without a proper tool for self-defense against criminals, and that it violates their Second and Fourteenth Amendment rights.
By definition
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Supreme Court in 1873, “ruled that a citizen 's "privileges and immunities," as protected by the Constitution 's Fourteenth Amendment against the states, were limited to those spelled out in the Constitution and did not include many rights given by the individual states.” Today, the petitioners believe that their right to keep and bear arms is in fact protected by the Privileges or Immunities Clause of the Fourteenth Amendment and, this “narrow interpretation” of the clause should be dismissed. I would have to agree with this because even though the Slaughterhouse cases were the first to deal with the Fourteenth Amendments Privileges or Immunities Clause, it is the complete wrong analysis of it in modern times. This clause sets out to protect the Bill of Rights. Elaborate on P or I clause
Due Process Clause Paragraph
The Fourteenth Amendment through the Due Process Clause and the Privileges or Immunities Clause does in fact make the Second Amendments right to keep and bear arms entirely pertinent to the
This law is a clear violation of the fundamental right to keep and bear arms. The wording of the Second Amendment is clear and does not mention anything regarding regulations. We as the court must ignore the
After over 150 years of debate, the Twenty-second Amendment became a part of the Constitution on February 27, 1951, effectively deciding upon the long-standing question of the limitations of presidential tenure. When designing the executive branch of the government, there were very few details of which the founding fathers were sure. Among those details was the length of the term of the president and how many terms he would be eligible to serve. Even after the four-year term with unlimited eligibility was decided upon in the Constitution, many states still tried to change it at their ratifying Conventions. As this indicated, the debate over presidential term limits would not cease with the establishment of the United States Constitution.
The 14th amendment contained three major provisions which were the due process clause, the citizenship clause, and the equal protection clause. Its Due Process Clause declared that local and state governments cannot deny any citizen of
Heller, in which Breyer disagreed with the majority and believed that the District of Colombia, did in fact have full permission to limit handgun laws. In his dissenting opinion, being the pragmatist that he is, Breyer states that the Second Amendment only provides context for militia-related, not self-related defense and concludes this, in turn, means that this amendment does not disable government intervention in pursuing these laws. Because Breyer is not an originalist of any sort, his dissenting opinion is one that tells of this nature and the belief that the Amendments do not provide
Updating the Amendment 2.0 The right to bear arms has been a favoured constitutional law since its establishment in 1791, but as more gun related violence and accidents occur, there has been increasing debate on whether or not guns should be banned in the US altogether, and if not, what regulations should be required for the purchase and handling of them. While guns should not be completely banned from the country, the rules and regulations of gun laws should be tightened. In the 2nd amendment, it clearly states that “the right of the people to keep and bear Arms, shall not be infringed.” While this statement still holds true, the evolution of firearms and how they have become more dangerous throughout the years is a clear sign of why the laws should be changed.
The 26th amendment states “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.” My opinion on the 26 amendment is that the voting age should be lowered to 16 instead of 18. I also believe the 2nd amendment should be change which also expresses “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.” Changing the 26th amendment could gradually increase society being safer. I feel the 26th amendment should be change because people of teenage years seem to know just as much about politics as much as older people.
The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.
In contrast, Opponents believe that arms should have regulations because they cause violence, such as mass shootings and murder. Despite the differences on each side, the second amendment aids in the protection of all individual rights of the people to keep and bear arms for self-defense when necessary. As a result, the definition of the right to bear arms has to be provided. The second amendment is quite a chicanery clause to understand, the first part of the clause states “ a well-regulated militia.” “Well regulated…” was defined in the eighteenth century, as properly but not overly regulated (Roleff 69).
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.
The Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. 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.
The question on whether the 2nd Amendment in the U.S. should be changed or not has become a widely discussed and argued topic as of recent, due to recurring incidents of shootings occurring on U.S. soil by its own inhabitants. While many would be in support of the right to bear arms, including myself, I do believe that the current gun laws need to be made more restrictive than they are in their current state, for the sake of the country and the safety of its people. I’m well aware that I am not a U.S. citizen and that I have no say in what decisions are made there regarding the country’s constitution, but I feel that what I have to say is shared by many of America’s people and that it’s not only Americans that are affected by guns but also those who are visiting the country from abroad. There are many problems regarding America’s very unrestrictive gun laws at present, whether it’s the fact that there is no federal minimum age for possession of a long gun, or the fact that individuals don’t
A weapon in the wrongs hands is the maximum danger humanity can face. Nowadays, violence and delinquency in society are viewed as the maximum problem solver. Humanity is full of chaos; hate and envy seize our souls. Guns are the ultimate security for some citizens but for others, these add to a feeling of defenselessness. Throughout history, any topic related to guns means a plethora of problems.
Andrew Valdez Mr.Young 5th/English October 7, 2015 Bill of Rights Essay “ The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government”-Thomas Jefferson. The Second Amendment of the Bill of Rights is the most important amendment because it helps protect people from people who might want to hurt them, and it also allows people to hunt for their food. I believe that it is important because it helps it helps protect people 's lives. Maybe someone is going to rob you and you don 't have any way to defend yourself.
According to 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.” The Second Amendment specifically states that “the right of the people to keep
The Fourteenth Amendment, which was