Second amendment loop hole
.When I was born my grandfathers gift to me was a lifetime NRA membership and on my
twelfth birthday I received my fathers .22 caliber rifle, which he had gotten from my grandfather
as a young boy. The topic of discussion at most family gatherings normally involves whatever
species of animal is in season or gun control. Growing up in this environment has given me an
interesting outlook on certain issues, mostly those having to do with gun control and the Second
Amendment. It is my belief that the original intent and purpose of the Second Amendment was
to preserve and guarantee, not grant the pre-existing right of individuals, to keep and bear arms.
The Second 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.
Although there is an emphasizes on the need for a militia, membership in any militia let alone a
well regulated one, is not required. to prove this you only need to look at The first nine
amendments of the United States Constitution which were clearly meant to preserve individual
rights. The use of the word people in the Second Amendment indicates an individual right.
While the Tenth Amendment which reads: The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the
people. With this wording the writers of the constitution have clearly, distinguished between the
rights states and the people. Are we to assume the Founding Fathers were so careless in
constructing a legal document like the Constitution that they would use the word “people” when
they meant the “state?”
The Second Amendment was meant to accomplish two distinct goals, each perceived as
crucial to the maintenance of liberty: First, it was meant to guarantee the individual’s right to
have arms for self-defense and self-preservation. Such an individual right was a legacy of the
English Bill of Rights. ?The American framers of the Second Amendment, like their English
predecessors, rejected language linking their right to “the common defense”.(Joyce Lee Malcom
pg79) When, as William Blackstone phrased it in 1803, ?the sanctions of society and laws are
found insufficient to restrain the violence of oppression?.(Pg.105) The second and related
objective concerned the militia, and it is the grouping of these two objectives that has caused the
most confusion.
The argument that the right to have weapons was exclusively for members of a militia
can not be proven given the information left to use by the Founding Fathers. The House
committee eliminated the stipulation that the militia be “well-armed,” and the Senate, in what
became the final version of the amendment, eliminated any description of a militia. While these
changes left open the possibility of a poorly armed and narrowly based militia. It did not change
the amendments guarantee that the right of the people to have arms not be infringed. As was the
case in the English tradition, the arms in the hands of the people, not the militia, are relied upon
“to restrain the violence of oppression”(Malcom,pg57)
. As with any civil right, the essence of persuasion should remain with the proponent of
legislation that restricts or burdens the right to keep and bear arms, rather than, as with ordinary
legislation, on the opponent. As Daniel D.Polsby states, the public policy of discouraging people
from owning or using firearms is not, by itself, constitutionally permissible , any more than
discouraging people from religious observance would be permissible to some future,
oh-so-progressive government that considered religion as hopelessly taboo. As some consider the
right to keep and bear arms. ?And any statute or regulation that burdens the right to keep and
bear arms on the ground that guns are a public health hazard should enjoy the same frosty
reception in court that would be given to a statute or regulation that burdened the free exercise of
religion as a mental health hazard.?( Daniel D.Polsby , pg85)
Другие работы по теме:
When I Went To Canada Essay Research
Paper When my mom toke me and my brother to Wonder land I thought it was big. I asked could we go to the Water Park. Mummy said ok my favorite water ride was black hole it was scary. The next ride I went on the wave pool. When the song started the waves was become strong. I couldn’t take the waves because they were to high and kept pushing me.
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.
Black Holes Essay Research Paper In our
Black Holes Essay, Research Paper In our galaxy, there are millions of stars. In our universe, there are millions of galaxies. Humans have known about stars since the beginning of our existence. What we think of these mysterious things have changed over time. Even in periods as short as a lifetime our ideas have changed.
BLACK Essay Research Paper BLACK IS THE
BLACK Essay, Research Paper BLACK IS THE HOLE DEEP IN OUR HEARTS THE LONELINESS WE FEEL, WHEN OUR LOVED ONES DEPART BLACK IS THE COLOR OF THE HEAVENLY SKY THE COLOR YOU WEAR
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.
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.
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
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.
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.
Electrical Meter Loop Essay Research Paper How
Electrical Meter Loop Essay, Research Paper How do you hook up an electrical Meter loop? How do you hook up an electric meter loop? An electric meter loop is the service entrance where the electricity feeds the home from the transformer on the pole. Therefore it is one of the most important necessities to the home.
Black Holes Essay Research Paper Our universe
Black Holes Essay, Research Paper Our universe is a vast abyss, always expanding without any end. Many objects in space are exciting and interesting. One great mystery is the black hole. Ever
Black Holes Essay Research Paper Within our
Black Holes Essay, Research Paper Within our galaxy alone, there are millions upon millions of stars. Within our universe, there are millions upon millions of galaxies. Humans have known the existence of stars since they have had eyes. Although interpretations may have differed on what they were, they were always thought of as white glowing specks in the sky, but the mystery does not lie within what we can see, but what we can not see.
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
Astronomy Essay Research Paper ASTRONOMYA New Black
Astronomy Essay, Research Paper ASTRONOMY A New Black Hole Scientific American September 13, 2000 Evidence that the heavens house a previously unknown type of black hole was reported by scientists yesterday. Data from NASA s Chandra X-Ray Observatory revealed a hole was some 600 light-years from the center of the starburst galaxy M82.
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.
Fake Myth Essay Research Paper Many centuries
Fake Myth Essay, Research Paper Many centuries ago, before you, before me. Before water existed. There was a god, who roamed the earth in search of something, anything. He roamed the barren landscapes and searched under all rocks. Until one day he found something. It was a hole, a hole that seemed bottomless.
Comuterized Music Essay Research Paper Subject Computerized
Comuterized Music Essay, Research Paper Subject: Computerized Musical Composition General Purpose: To inform Specific Purpose: My purpose is to inform the audience about how to create a basic computerized musical composition through the use of their own personal computer.
Second Amendment Essay Research Paper The Second
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?.
Black Holes 4 Essay Research Paper Black
Black Holes 4 Essay, Research Paper Black Holes area region of space-time, which nothing can escape, even light. It is impossible to see a black hole directly because no light can escape from them; they are black. But there are good reasons to think they exist.
Crying Again Essay Research Paper The Sky
Crying Again Essay, Research Paper The Sky is crying again And i am crying again. When did it start? When will it end? How’d i wind up with out a friend? Tears from my heart cling to my soul.
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.
The Black Hole Essay Research Paper The
The Black Hole Essay, Research Paper The Black Hole In order to understand what exactly a black hole is, we must first take a look at the basis for the cause of a black hole. All black holes are formed from the gravitational collapse of a star, usually having a massive core. A star is created when huge gas clouds come together due to attractive forces and form a hot core, combined from all the energy of the two gas clouds.
Integration Essay Research Paper The dictionary defines
Integration Essay, Research Paper The dictionary defines integration as a way to make schools, parks, and other facilities available to people of all races on an equal basis. Before 1960, both black and white americans alone have basically lived seperately, in society itself, but kind of in their own way.
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