In June 2008, the Supreme Court was asked in District of Columbia v. Heller to consider whether a District of Columbia provision that made it illegal to carry an unregistered firearm and prohibited the general registration of handguns was an unconstitutional violation of the Second Amendment. The petitioner, Dick Heller, was a D.C. special police office authorized to carry a handgun on duty. Heller sued the District of Columbia for violating his Second Amendment right when his one-year application to keep his handgun at home for personal use was denied. Arguably the most controversial amendment of the constitution in present-day, the Second Amendment reads, “a well regulated Militia, being necessary to the security of a free State, the right …show more content…
I hold that the decision involves a distorted interpretation of an antiquated amendment, with the majority opinion utilizing their preferred reading of the amendment to cater to their agenda. A more natural reading of the amendment demonstrates that the Framers’ intent encompassed an individual’s right to own arms for military service only. Moreover, when addressing the effect of the clause, as advised to the Court in Marbury v. Madison (1803), the present-day translation of the amendment shows that its devastating effects on present-day society call for an updated interpretation of the amendment. Therefore, the District of Columbia decision should be promptly overturned, and the question of gun control outside of the militia context left to the decision of directly elected legislative …show more content…
To Justice Scalia, this means that the individual has “the right to possess and carry weapons in case of confrontation” (Scalia, 4). The question at stake, however, is not whether the individual or collective is protected but the scope of the right in question. In other words, while it is clear that the amendment protects the right to use guns for military services but does not protect its use for crimes, what rights does it encompass in between those extremities, such as the right to carry a weapon for personal self-defense? A more natural reading of the amendment, where the prefactory clause is read chronologically before the operative clause, shows the text’s intent to solely protect the rights of militia. This is proven, as pointed out in the dissent, by the fact that states such as Virginia and Pennsylvania explicitly articulated in their Declaration of Rights at the time the separate right of individuals to bear arms for self-defense. The second amendment was adopted to protect the right of constituents to serve in the militia for the ultimate purpose of protecting State’s share of sovereignty with the Federal government. Militias, while no longer relevant, can be translated into our modern day military system. The amendment in no way mentions the
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
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)
On March 17, 2008, the District of Columbia v. Heller case was first argued in the Supreme Court. Dick Anthony Heller, a special police officer from Washington D.C., decided to take his case to court when he was told he could not posses a firearm for self defense. Heller asked the question of whether the Second Amendment does or does not protect the individual right to keep and bear a firearm for self-defense. Heller was fighting against the Firearms Control Regulations Act of 1975, which banned all ownership of a firearm in a person’s home, with the exception of law enforcement. The Firearms Control Regulations Act of 1975 states that all weapons must be “unloaded, disassembled, or bound by a trigger lock or similar device.”
In my first case, I will analyze the Court’s decision in District of Columbia v. Heller. In this case, in a 5-4 decision, the Court overrules its decision in United States v. Miller, in which, it stated that the Second Amendment only protects the right to keep and bear arms in relation with service in a well-regulated, government sponsored militia. In the majority opinion of Heller, Scalia divides the Second Amendment into two parts: the prefatory clause and the operative clause. The prefatory clause is the first half of the Second Amendment, it reads: “A well-regulated Militia, being necessary to the security of a free State,” while the operative clause is the second half of the Amendment: “the right of the people to keep and bear Arms, shall
The gun market and black market has been around for years and the way states was trying to handle gun control went against individuals 2nd amendment. Let us be aware that just because it states in the constitution that we are allowed to bear arms not everyone have a legal spectrum to do so. The Ban D.C. try to implement did not have much of an argument when it reach to the Supreme Court. The decision of District of Columbia v. Heller made it possible for cases like McDonald v. Chicago (State Case) to bring forth an argument in which applying the 2ND amendment to state
Article III of the United States Constitution delineates the role of our Judicial Branch of Government to afford justice to all people. Indeed, ”To the letter of the law” leaves many in the legal system scratching their heads over their obligations to translate, as well as, deliver justice. Unfortunately, as society evolves, the parameters of any written laws may be construed differently and our judicial system is put to task in arbitrating the rights and restrictions of citizens. One such case, McDonald v. Chicago, captivated the nation in 2010 regarding the 2nd Amendment to the constitution. Clearly stated, the 2nd Amendment reads, “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”.
Debates about the Second Amendment have focused on its parameter to protect private rights of individual people to possess firearms, and the ability to be apart of militia organizations. The world has seen a drastic change since the implementation of the amendment in 1791. Civilian ran militias are almost obsolete, and most militias are now ran and regulated by state governments. The military of the United states has also seen a dramatic increase, and is undoubtedly more powerful. For the most part, civilians are no longer expected or desire to be apart of a militia, however firearms are still essential for self defence, hunting, and
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.
(Second Body paragraph) Some people claim the second amendment is more significant, because without it there wouldn’t be a way to defend ourselves. This could make sense because it can be necessary to the security of a free state. Richard Henry Lee states," A military, when properly formed, are people themselves and include
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 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.
Why 2nd Amendment Is So Popular Background Information The second amendment is probably the most controversial amendment in the Bill of Rights. The second amendment is stated in the Bill of Rights as, “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"(“Second Amendment”) This could mean that you have the right to possess a small gun for self-defence purposes only, but the real meaning is a very controversial argument. Focusing on this amendment is important because it is a very disputed amendment still debated today.
The 2nd amendment is “A well regulated militia, being necessary to the security of a free state, the right of the people to
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.
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