There is a glass of water filled halfway with water sitting on a table. Is the glass half empty or half full? Many people have heard this divided interpretation of a glass of water before and have differing views of whether it is half full or half empty. Yes, a glass of water is not a huge issue the country is facing, however, there is another issue this country is facing currently with the same principle that is escalating with time. Everyone learned in school about the bill of rights and about the amendments of the Constitution, which states every United States citizen’s basic human rights. Recently, the second amendment, the right to bear arms, has been under intense scrutiny and misinterpretation of this amendment is a growing problem spreading …show more content…
An African American retired custodian, Otis McDonald, took on the city of Chicago, which had the similar law restricting gun control policies as the Heller case. So, it comes to no one’s surprise that according to Encyclopedia Britannica, McDonald filed his lawsuit on the same day Heller’s case decision was announced to the public. Chicago was banning new registration of handguns, yet making a registration for handguns a requirement. The decision to change this regulation was made on June 28, 2010, when the court sided with McDonald 5-4. Although this case is recent it is still not the most recent major court case regarding the subject of gun control. Jamie Caetano fought her conviction of possession of a stun gun just this year. She claims she was protecting herself, in self-defense, against an abusive ex-boyfriend. Massachusetts argues that stun guns were not what the second amendment meant by “the right to bear arms” and is not common amongst military use and therefore should be excluded. In a unanimous decision, the supreme court sides with Caetano saying that although it wasn’t in existence during the founding and the enactment of the second amendment, the right to use this stun gun as a method of self-defense is still protected under the second
Heller (2008) District of Columbia made it illegal to own a firearm without a license and if you had one it must be unloaded and have a trigger lock. Dick Heller was a special police officer who wanted to keep gun in his home. The district of columbia denied him when he applied for a license so he sued the district of Columbia saying this violated his second amendment. Verdict: 5-4 decision for Heller, majority given by Antonin Scalia.they argued that banning the registration for firearms within the household violates the second amendment. McDonald v. Chicago (2010)
Gun Control Imagine a situation where a family is enjoying a movie at their house and someone breaks in with a gun. The family should not have to worry because they have the right to own a gun. However, if those guns were taken away, the family would have no option except be scared. In many cities where gun control laws have been put into place, crime rates went through the roof. Criminals know that they can get guns, however, the citizens cannot.
The ratification of the US Bill of Rights took place in 1789. The Bill of Rights supply citizens of the US with inalienable rights that they are born with and acquire if they immigrate. Since it was ratified, there have been several occasions in which these rights have been infringed upon during times of conflict, in which the United States government attempts to shield the nation from conflicting issues inside or even outside the country because of fear. The government believes that this unconstitutional action to restrict citizens’ rights must be done to protect citizens of the United States, but in an attempt to protect others, many become mistreated.
Contextualizing the Second Amendment When the second amendment was created, the nation was in political turmoil. America’s thrown together militia could not withstand the power of England’s large standing army. The founding fathers feared that a government, which constantly experienced corruption brought about by years of servitude to the crown, could use a coordinated army that could enforce its will. But, as stated the militia that America had was not able to enforce its will, so as a counter, the founders decided that its citizens needed to be able to protect itself.
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.
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.
Tierney Baumann Mr. Barnes Period 1 4/17/23 The First Amendment Hate speech has increased by 11.6% in the last 5 years. The first amendment allows hate speech. The first amendment is unfair, unjust and needs to change. The first amendment allows hate speech.
In the United States of America, our slogan is “We the People.” These three words were written in the constitution to affirm that the government is in favor and for the people of the United States of America. This is where the first amendment comes into play where it allows people to have freedom of speech, religion, press, assembly, and petition under the government as American citizens. The first amendment is one of the most significant amendments of the Bill of Rights that keep the people united even in the most diverse ways.
This was all caused by getting bullied. One of the examples is to make sure to defend yourself Such as that twelve year old in Bryan County last Wednesday The intruder made his way through the door while she was all alone. This proves that you don't go walking into anyones house, granting Americans the right to bear arms. ’’ In 1791 Interpreting the Second amendment in modern times can be confusing.
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.
He and Clark M. Neily, gathered six people to be the plaintiffs. Dick Heller a police officer that carried a hand gun all day but wasn’t allowed to have one in his home. He wanted this law to be removed. The Supreme Court overruled the local law and allowed for gun ownership and adjusted the rules for guns.
The Second Amendment says, “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.” Gun rights has become the subject of intense political, social, and cultural battles for much of the last century. The pro-gun right side has asserted that the right to arms was absolute, and that any gun control laws infringed that right (Kopel, 2013). This right has been supported by the Supreme Court who has reinforced what has become the American consensus that the Second Amendment allows the right to keep and bear arms, especially for self-defense, and that it is a fundamental individual
The First Amendment that allows us to have Free Speech is by far probably one of the most important rights we have. One could say that Freedom of speech is as American as eating boiled peanuts at a football game, but the problem is not everyone may like boiled peanuts or football. This right gives people the opportunity to say what’s on their mind without fear of reprisal even if it offends others. Freedoms of speech rights have been interpreted differently throughout history and those interpretations have been questioned many different times, in many different ways.
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
One of the most controversial issues our nation faces today is gun control laws. This controversy has been created due to the different interpretations of the 2nd Amendment of the Constitution which states the right of citizens to bear arms; “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” (Cornell Law School). Anti-gun control laws believe that the amendment guarantees the right to bear any kind of firearms. On the other hand, we have does that believe that more controls laws should be implemented since the 2nd amendment was for the right of States to have an armed militia during wartime. Both sides have strong point, however, the safety of our children comes first, and a firearm means death in the wrong hands.