Second Amendment Essay, Research Paper
The Second Amendment
The Second Amendment has raised many debates throughout the founding of America. The Amendment states that ?A well regulated Militia, being necessary to the security of a free state, the right to keep and bear Arms, shall not be infringed?. When the amendment was written it was meant to allow Militia?s to have guns when being used for the ?security of a free state?. Basically the shortened version of this Amendment states, the right to keep and bear arms. People now look at that and take it literally. They believe that anyone can possess a gun at anytime, regardless of past records, age, and other important factors. During the founding, the gun situation was much different then what it is today. Today guns are much more deadly, and readily available.
In the recent article, ?Dueling Scholars Join Fray Over a Constitutional Challenge to Gun Control Laws?, by William Glaberson of the New York Times, this debate is touched on many times. The article is based on the verdict of a federal judge relieving a Texas doctor of possible gun possession charges, and the debate between two professors. The judge used Professor Joyce Lee Malcolm?s book as evidence in deciding the verdict. The main point that Professor Malcolm brings about is that the Second Amendment is an individual right because of what is stated in the English Declaration of Rights, and that the constitution was based upon that declaration. However, the views of Professor Malcolm are greatly opposed by Professor Lois G. Schwoerer. Professor Schwoerer, who has studied the English Declaration of Rights in depth, says that the declaration gave the right to bear arms but limited it by class and religion, therefore, not making it an individual right. This debate has and will go on until the Amendment is reworded to eliminate any confusion, but that may never happen with all the people who have such strong beliefs in this subject. Also the right may never be taken away or modified because of the strong groups like the National Riffle Association.
There are basically two sides to this on going debate. One side who believes that under the Constitution every person has the right to bear arms. But on the other hand there are the people who believe that this right should be limited in many ways, and should not be so much of an individual right. There have been many laws passed supporting the idea that this amendment should be limited, but the amendment has not yet been changed. In 1968 a law was passed called the Gun Control Act of 1968. This was focused on the fact that use of guns would be limited toward ?convicted felons, fugitives from justice, illegal drug users or addicts, minors, anyone adjudicated mentally defective or having been committed to a mental institution, anyone dishonorably discharged from the military, illegal aliens, anyone having renounced U.S. citizenship?.# Also, most states are now performing back round checks on anyone who wishes to purchase a gun. An addition was also made to the Gun Control Act of 1968 by James Brady called the Brady Act. This established a waiting period for anyone who wished to purchase a gun. This is a very important Act. If someone all of a sudden wants to do something irrational, they would then have to wait a certain amount of days before the receive a gun. This would give the person time to think about whether or not they actually wanted to go through with it. Another important addition to this Act is that proof of residency idea. This stops anyone from buying a gun outside of their home state. There are also the firearm tests that, right now, only five states have. This requires a person to pass a test before handling a gun on his or her own. In class we have discussed many of these ideas in limiting gun control, all of which are good ones. We brought up most of the factors of the Gun Control Act of 1968 and even the Brady Act as well. There will always be the people who believe that anyone should be allowed to posses a gun. The government is taking good steps in altering the Amendment without actually rewording it. When the Amendment was written the guns that were around were much different then the guns today. Therefore now some additional laws have been be made limiting this Amendment, but not entirely taking away the right.
Другие работы по теме:
Free Speech Essay Research Paper The United
Free Speech Essay, Research Paper The United States is recognized and admired all over the world, as a representative of liberty and civil rights. The First Amendment to the US constitution, presented in the Bill of Rights passed by Congress on September 25, 1789 and ratified December 15,1791, discusses religious and political freedom.
The Fourteenth Amendment Essay Research Paper Jon
The Fourteenth Amendment Essay, Research Paper Jon Pennington Dr. J.P. Girard U.S. Survey -1865- Present The Fourteenth Amendment No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law . . .
Amendment 1 Essay Research Paper The first
Amendment 1 Essay, Research Paper The first amendment in the Bill of Rights guarantees freedom of religion, speech, press assembly, and the right to petition the government. The establishment clause supports the first amendment by directing the national government not to involve itself in religion. And the Free Exercise Clause guarantees the citizens that the national government will not interfere with their practice of religion.
An Abused Freedom Essay Research Paper An
An Abused Freedom Essay, Research Paper An Abused Freedom The Second Amendment, I believe, has been over-stretched and misrepresented by gun lobbyists such as the National Rifle Association (NRA) for years. They always hide behind the Second Amendment saying that this freedom is what our country was built upon.
Miranda Vs Arizona Essay Research Paper In
Miranda Vs Arizona Essay, Research Paper In 1966 the Supreme Court made a ruling that every American would always know and remember. The case was Miranda versus The State of Arizona.
Amendment Seven Essay Research Paper The 7th
Amendment Seven Essay, Research Paper The 7th Amendment is very unusual. It speaks to trials at Common Law (civil trials), rather than criminal trials. It states that in trials where the value of the potential award is greater than twenty dollars, the accused has the right to demand that they be tried by a jury; and that no facts tried by a jury shall be reconsidered in any court in the United States other than by the rules of common law.
Fourteenth Amendment Essay Research Paper The Fourteenth
Fourteenth Amendment Essay, Research Paper The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, “ All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside” citizenship was universalized.
Gun Control Essay Research Paper Guns have
Gun Control Essay, Research Paper Guns have many functions. Some people use them for many different sports, some use them for protection, and some use them for murder.
Ammendment 5 Essay Research Paper The fifth
Ammendment 5 Essay, Research Paper The fifth ammendment. Today in America, criminals have the right to self incrimination. Criminals should not be allowed to have this right. This allows criminals to hide the truth from the jury. Amendment five should should not stand today because it gives criminals protection, under law, that they should not have.
1St Amendment Essay Research Paper HE FIRST
1St Amendment Essay, Research Paper HE FIRST AMENDMENT “Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof; or the right of the people peaceably to assemble, and to petition the
The Constitution Essay Research Paper Congress shall
The Constitution Essay, Research Paper Congress shall make no law respecting an establishment of Religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, this Amendment is the most important part of the constitution. Without free speech, we the people of the United States would not be able to speak openly and freely about issues that affect our everyday life.
Motivation Speech Essay Research Paper IV BROADCAST
Motivation Speech Essay, Research Paper IV. BROADCAST PROGRAMMING: BASIC LAW AND POLICY The First Amendment and federal law generally prohibit the FCC from censoring material in broadcasting. Stations choose the material they determine as best for their community. The FCC does not advise on artistic standards, formats, grammar or the quality of their programming.
14th Amendment Essay Essay Research Paper More
14th Amendment Essay Essay, Research Paper More often than not, most Americans look upon the constitution as the guiding light of our country. Recent events occurring in our national election no doubt prove that. There are many important amendments to our Constitution regarding our rights as citizens and the delegation of powers to branches and states.
British Constitution Essay Research Paper Amendment IIRight
British Constitution Essay, Research Paper Amendment II [Right of people to bear arms not to be infringed.] 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.
Dancing 1St Amendment Rights Essay Research Paper
Should government keep new dance clubs from opening because they are a place where drug abuse and fights happen? No. Government should not have any authority to close the place unless there are violations going on with the business of the club, not with the customers. This is a violation of the first amendment rights, the freedom of speech, the freedom of nonverbal speech, the freedom to dance.
Prayer In Schools Essay Research Paper We
Prayer In Schools Essay, Research Paper We are guaranteed by the first amendment the right for freedom of religion. By this right, we as American citizens should be allowed to have prayer in the public schools and teachers should be allowed to teach religion courses trough the high school years. We should also be able to talk about religion in and out of our classes.
Equal Rights Amendment Essay Research Paper The
Equal Rights Amendment Essay, Research Paper The Equal Rights Amendment (ERA) was designed mainly to invalidate many state and federal laws that discriminate against women; its central underlying principle was that sex should not determine the legal rights of American men or women.
New York Times Co Vs United States
Essay, Research Paper New York Times Co. v. United States U.S. Supreme Court, 1971 The New York Times printed allegedly classified documents that leaked from the Pentagon
16 Amendment Essay Research Paper The amendments
16 Amendment Essay, Research Paper The amendments were wrote to amend parts of the Constitution of the United States. I have got info in the sixteenth amendment. I will be writing this report in the order that our note taking guide goes.
American Fed Essay Research Paper American federalism
American Fed Essay, Research Paper American federalism is a form of government in which the constitution distributes governmental powers between the national government and the subsidiary governments of the states. Article I, Section 8, and the Tenth Amendment are good examples of this definition. In Article I, Section 8, the Constitution defines the powers delegated to the national government, such as the power to regulate commerce and to enact laws necessary and proper for the execution of its powers.
Gun Control 2 Essay Research Paper We
Gun Control 2 Essay, Research Paper We the students of class 7-508 do not agree with the statement that people should carry weapons. We do not agree with this statement
The First Amendment Essay Research Paper THE
The First Amendment Essay, Research Paper THE FIRST AMENDMENT The Bill of Rights is one the greatest documents ever created. It was purpose was intended to help promote the freedom to think and hold an opinion. As the centuries passed the interpretation of the Bill of Rights, especially the First Amendment, have become blown out of proportion.
Prohibition Essay Research Paper Prohibition One of
Prohibition Essay, Research Paper Prohibition One of the most controversial, the Eighteenth, and later, its repeal, the Tweny-First amendment, made a big impact on America, and their ideas are still talked about today. Prohibition has had many different view points from the beginning. Prohibition started long before the Eighteenth Amendment.
Affirmative Action Essay Research Paper Regents for
Affirmative Action Essay, Research Paper Regents for the University of California v. Bakke The Constitutional grounds which each side based its arguments the 14th amendment s equal protection clause and the civil rights of 1964. The argument for Bakke was based on a policy built on racial quotas. The argument for the University of California was that certain minorities are disadvantages from the day they are born.
Standard Oil 1911 Essay Research Paper Standard
Standard Oil 1911 Essay, Research Paper Standard Oil Case of 1911 Out of the cases decided by the Supreme Court I feel the most influential dealt with the issue of Civil Rights. Two cases in particular that dealt with the post Civil War use of the Thirteenth Amendment were Jones v. Mayer, 1968 and Runyan v. McCrary, 1976.
Burning The Flag Essay Research Paper The
Burning The Flag Essay, Research Paper The American flag is a piece of cloth that represents the United States of America. The burning of our flag has caused many controversies. Some citizens believe that
Death Penalty Furman Vs Georgia Essay Research
Paper Furman vs. Georgia I believe that Furman’s appeal to the Supreme Court to lift his death penalty sentence was invalid. The accused received a fair trial, with due process and appropriate representation. There was no act in his sentence that could be deemed unconstitutional. Death penalty cannot be branded an unconstitutional act, for it does not fall into the category of cruel and unusual punishment that is prohibited by the Eighth Amendment.
Pornography Essay Research Paper Susan JacobyA First
Pornography Essay, Research Paper Susan Jacoby ?A First Amendment Junkie? Censoring pornography is wrong. Pornography should not be censored just be cause some people find it offensive. I cannot recall the last time someone made me look at a pornographic picture, or made me buy a pornographic magazine or movie.
Embezzlement Essay Research Paper Mac Taylor
Embezzlement Essay, Research Paper Mac Taylor’s Embezzlement Due Process Rights Mac Taylor is employed by American National Bank located in Bowling Green, Kentucky. He has been arrested