IV. Addressing the opposition A. Argument 1 The Plaintiff has argued that this regulation is in best interest for the public and provides security for the society as a whole. They want the regulation to be considered Constitutional because it was voted on by the majority and therefore, it is in the best interest of the community and should therefore be enacted. This argument does not speak to the constitutional issue of the case. The Supreme Court’s main objective is to protect individuals and minorities from oppressive government. 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
"To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18). The Constitution is by far the most important document in our country's history. It provides rules and restrictions for the government and the power it can hold. It ensures the stability for our country’s survival.
The eighteenth amendment of the United States Constitution prohibited the manufacture, sale, and transportation of alcoholic beverages in the U.S and is most commonly referred to as Prohibition. Many believe that it prohibited the purchase or consumption of alcohol but it in fact did not (Prof. David J. Hanson, 2017). For anyone who is not well versed on the U.S. Constitution, they many not believe that this is an actual amendment. Today it is legal to manufacture, sell, transport, export, import, and pretty much do anything else with alcohol. That is because the 18th amendment is the only amendment in the 230 years since the Constitution was written to be repealed.
C. Precedent The law is unconstitutional not only due to the meaning of the text itself, but also from many cases of precedent. District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) have already established the importance of the Second Amendment, but there are other cases as well that back up the courts decision claiming the ban on carrying a concealed weapon is unconstitutional. In Bliss v. Commonwealth, 2 Litt. 90, (KY 1822), established that the right to bear arms was for defense against themselves and the state. This case consisted of a man carrying a concealed weapon in his cane and it is similar to the one in which we face today.
The rise of conservatism began with the defeat of Barry Goldwater in the hands of Lyndon B. Johnson and continued with Nixon and Ford’s presidencies. The groups that supported conservatism also opposed: big gov., liberalism, gun control, feminism, gay rights, welfare, affirmative action, sex permissivements, abortion, and drug use. They believed in traditional values of family and faith, work ethic, and national security all while keeping the government limited in their power. In California, voters passed Proposition 13 due to increasing property taxes in the state. Proposition 13 helped cut property taxes in CA.
Nowhere in the Constitution does it state that women are citizens. Women have never been legally declared persons in this country, not by the Founding Fathers, not by the Constitution, not by the Supreme Court. The Fifteenth Amendment guarantees to right to vote to all U.S. citizens, whatever their race, whether they had been born free or born a slave, but it didn’t include women the right to vote. Women fought along for the abolition of slavery. When the battle was won, black men got the right to vote.
Executive summary unit lll The Eighth Amendment to the United States Constitution is a part of the United States Bill of Rights that prohibits the federal government from imposing excessive bail, excessive fines, and cruel and unusual punishments. This amendment was added to the Constitution as a result of the abuses suffered by American colonists under British rule, where the government had the power to impose cruel and unusual punishments. The Eighth Amendment was added to the Constitution in 1791, along with nine other amendments known as the Bill of Rights. The amendment was necessary to protect the basic human rights of individuals in the criminal justice system and to prevent the government from imposing excessive and unjust punishments.
The Tenth Amendment was first drafted by colonists to ensure that the new form of government they were trying to establish would never have an excessive amount of control over the population. While colonists were under British rule, they constantly encountered the problem of King George lll having total control over every single person. The Tenth Amendment states the federal government only has the rights delegated in the constitution, otherwise, it goes to the people or the states. The government and citizens are aware of their rights because the Supreme Court has ruled laws that go directly to the people, even though it doesn't specify what these powers are. The court case, McCulloch v. Maryland directly references the amendment in 1819.
Since the signing of the United States Constitution, the dividing of powers in the United States has been based on the sharing of powers between the national government and the local governments (state governments in the case of the United States), which became known as Federalism. Amendment II states “A well-regulated Militia, being necessary to the security of a free State, the right of people to keep and bear Arms, shall not be infringed.” The Second Amendment has most recently been interpreted to grant the right of gun ownership to individuals for purposes that include self-defense. At first it was thought to apply only to the Federal government, but through the mechanism of the Fourteenth Amendment, it has been applied to the states as
There are always certain issues they may arise when going over the Constitution of the United States, we can find matters that can be outdated, or times have changed a bit as years go by. The 14th Amendment was not initially about education but it did have quite an impact when the Supreme Court addressed the “Brown v. Board of Education” (1954) case declaring school segregation is illegal. The 14th Amendment makes it clear it prevents,” any persons within its jurisdiction of the equal protection of the laws.” That all American citizen must be treated equally by law which we had become aware of but with Plyer v. Doe, 457 U.S. 202 (1982)
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.
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).
Angela Davis Once said “Well for one, The 13th Amendment to the constitution of the U.S. which abolished slavery, did not abolish slavery for those convicted of a crime.” Although the amendment was desperately needed it made more problems for the U.S.The thirteenth amendment was about abolishing slavery. Many people had different opinions about this amendment. The amendment affected our nation dramatically. The 13th amendment to the United States Constitution says that, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
A constitution is the fundamental law by which a nation or a state is governed and organized. It establishes the framework of government, delegates the powers and duties of governmental bodies, and defines the relationship between the government and their citizens. Texas current constitution was adopted in 1876, and since then Texas voters have approved more than 467 amendments to this document. The word “amendment” is defined as the act or process of changing the words or the meaning of a law or document (constitution). Throughout this essay I will explain the rules for amending the Texas Constitution, the attempts made at constitutional reforms during the 1970s, explain why constitutional reforms were attempted and why it ultimately failed.
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
According to the article "18th Amendment" Ph.D. Prof.J. Hanson David stated, “Congress proposed the 18th Amendment on December 18, 1917. The Senate passed it on that day. The day earlier the House had passed it. The necessary number of states ratified it on January 16, 1919.