Gun Control Are you a person that has, or has ever had possession of a gun? People believe that the United States of America should have gun control. I do not believe that. I believe people should have the right to posses, and bear arms. The Second Amendment of the Constitution clearly 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.” Humans having ownership of a gun is a American tradition, thus is older than the country itself, and the second amendment protects this tradition.
The Supreme Court held that “[t]he operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms” (District of Columbia v. Heller 2-22). In the 2010 follow-up case McDonald v. Chicago the Supreme Court found that the right of an individual to “keep and bear arms” granted by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment (10-11, 33-34). This meant that the Second Amendment limits state and local governments in the same manner it limits the federal government. Thus, at this moment in time individual Americans have a constitutional right to keep and bear arms. Nevertheless, the debate on the Second Amendment and the right to bear arms continues unabated, with strong camps both in support and in
The second amendment is an amendment to the United States of America’s constitution on control of guns. It allows for a well-regulated militia as a necessity to security of a free state without limiting the right of the people to own guns (Lithwick). Daniel J. Schultz interprets the intended meaning of this amendment based the terms used in the amendment. Schultz notes that the term “well-regulated” as used in the second amendment brings some misunderstanding. In today’s English the term means a strict government regulation while its intention was not to have national government’s regulation.
putting some control back into the hands of the people) it also blurs the lines as to what violates the Constitution and what does not. For example, the Second Amendment reads, “…the right of the people to keep and bear Arms, shall not be infringed." While that may be a basic right given to Americans, one wonders the definition of “arms”. Does that mean people have the right to own a revolver or pistol, or does it mean they can own weapons as extreme as AK-47s, bazookas or grenades? If the framers were drafting the document today, each article and amendment would need to be much lengthier in order to specify what is constitutional and what is not.
He might not have a birth certificate therefore its his responsibility to prove the he is a U.S. citizen. As a U.S. citizen he is afforded the rights that are given to him by the U.S. constitution meaning he will not be deported. Citizen can be revoked if it was illegally procured, if procured by willful misrepresentation, if procured by concealment of a material fact. It requires the federal court action based on clear, unequivocal ad convincing evidence. Fortunately for Moe, citizenship can only be revoked for those who obtained it through Naturalization.
Roosevelt 's executive order 9066, was legal because the executive order was issued during war, Some might say it was illegal because it was going against ‘equal protection of the law ' clause of the 14th Amendment. Supreme Court justified the executive order as a wartime necessity (http://www.ushistory.org/us/51e.asp.). Laws can also give additional powers to the President but when using an executive order, the Congress can override it with a new law. In section 1 of the 14th amendment, it states that all natural citizens should be treated fairly and there should be no state enforcing a law to abridge the rights and privileges of citizens; without due process of laws. Therefore, President Roosevelt created an executive order, creating the
Many people have challenged the Second Amendment against the individual rights of the people of the United States; however, the Supreme Court has upheld the Second Amendment rights of individuals against these challenges. All Americans deserve the right to bear arms. The Second Amendment makes it impossible for the government to seize firearms from U.S.
Does the federal government have implied power or do states have reserved power over the Second Amendment? The Second Amendment to the Constitution 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.” (Patterson) This amendment has been at the center of debate since it was ratified. Moreover, the controversy over the Second Amendment revolves around two related questions of government authority: does the government have the right to impose regulations, and should the government regulate guns? Some believe the federal government should regulate guns, so all Americans have to follow the same rules to purchase firearms instead of states regulating
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
People believe that this doesn’t mean anything in today’s standards, they believe the reason this bill was made was to defend and fight against the English. When really it’s about the people being able to fight back against a government that is exercising power in an arbitrary way. Our government today has not been stopped by the second amendment, they are out of control. They have infringed upon gun rights and instituted hundreds of federal gun