The Second Amendment And The Amendment - 1806 Words

The Second Amendment to the Constitution is one of the most debated issues in the history of the United States of America. The Second Amendment reads, â€Å"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.† CITE The Amendment opens with the sentence that mentions the need of ‘a well-regulated militia’, but then declares that the right protected by the amendment is to be free from ‘infringement’. The right is not just a right of a state or the country but is rather ‘the right of the people to keep and bear Arms’. (Alstyne, 1236) The Second Amendment, yet to be understood completely, is the most controversial out of all the amendments to the U.S Constitution or provisions of the Bill of Rights. It has led to many competing interpretations and astounding debates. Two theories were given by the early American thinkers; the collective rights theory, emerging at the end of Reconstruction, claims that the Second Amendment protects the right of states to keep up a well-regulated militia and the individual rights theory, born in the Jacksonian era, states that the Amendment protects the individual citizen’s right of keeping and bearing arms for self-defense as well as taking up arms against the government if necessary. (Cornell, 2-7) According to Cornell, the collective rights and individual rights theories did not support the Second Amendment but rather the Amendment was a civic right thatShow MoreRelatedThe Second Amendment And The Amendment903 Words   |  4 PagesThe truth to the statement that â€Å"Texas has a love affair with the 2nd amendment more than any of the other amendments† is circumstantial depending on the interpretation of the 2nd amendment. The second amendment is the most challenged amendment because it is so vaguely worded and not straight forward. It reads â€Å"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.† This somewhat incoherent statement leavesRead MoreThe Second Amendment And The Amendment948 Words   |  4 PagesThe Second Amendment â€Å"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.† A paltry twenty-seven words, present in the 2nd Amendment to the United States Constitution, have been a major focal point of the seemingly endless debate over whether, and for what purposes, US citizens have a right to own firearms. Positions vary wildly from those that hold these words to mean citizens have the right to violentRead MoreThe First Amendment : The Second Amendment1738 Words   |  7 PagesThe First Amendment The first amendment is one of the most used amendments today. Everyone in the world uses it and sometimes takes advantage of it and most times uses it when needed to. The Bill Of Rights was created on December 15th of 1779 and was created to make some rules in the future because no one had the freedom to do anything. Most were punished if they spoke their opinion, they did not even have the right to choose their own religion. But that all changed when James Madison wrote the BillRead MoreThe Second Amendment And The Fourth Amendment1384 Words   |  6 Pageshistory, the framers of the constitutions created the fourth amendment, which protects from unreasonable searches, and the fifth amendment, which prevents a person from incriminating himself or herself, to create a government with just laws, but with the advancement in technology, the fourth amendment needs to expand its policies to fit the changes in modern society. Drawing from lessons of history, the framers created the Fifth Amendment which protects an accused person from self-incrimination, andRead MoreThe Second Amendment Essay1529 Words   |  7 PagesCarter West Mrs. Gisleson Research Skills November 11 , 2016 Gun Control: Aiding in Infringing our constitutional rights â€Å"The beauty of the Second Amendment is that it will not be needed until they try to take it† said Thomas Jefferson (insert citation). What would happen to American Citizens if there safety and protection was completely in the hands of Uncle Sam? How could a person live without fear? Gun control has been an issue that has concerned the United States for many years. While the legalizingRead MoreThe Fourth Amendment : The Second Amendment943 Words   |  4 Pages The Fourth Amendment Noah Fleck November 30, 2015 My paper is going to be focused on the Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what limitations may be held within the Fourth Amendment, what must be included within the warrant, and more. I decided to write on this topic as I believe that it is important for us as citizens to knowRead MoreThe First Amendment : The Second Amendment2464 Words   |  10 PagesThe Second Amendment Ever since the beginning of American Revolution in April 1775, Americans have sought to create a nation with no ties to the British monarch and create and more, perfect union. They decided to create a democratic, republic government consisting of voted officials voted by the people, governed by a system of checks and balances with limited powers and the purpose of providing protection and services to its citizens. However, The Founding Fathers believed that should the governmentRead MoreThe Second Amendment1407 Words   |  6 Pagesliberty to obtain a little temporary safety, deserve neither liberty nor safety.† This quote from Benjamin Franklin illustrates how an emphasis on safety can drastically reduce the freedoms enjoyed by citizens of the United States, especially the Second Amendment of the U.S. Constitution which states that â€Å"...the right of the people to keep and bear arms shall not be infringed.† However, with active shooter situations such as Columbine; the Tucson, Arizona shootings, which nearly killed former RepresentativeRead MoreThe Second Amendment1080 Words   |  5 Pagesdirect violation of the Fifth Amendment. If the authorities already had the same evidence they were asking for it would have served no purpose if the drives were decrypted. If the drives did in fact contain the content that the prosecutor claimed to be on the drives and that information would have been used as evidence against the suspect, so the suspect had every legal right to refuse tho give up the passwords. The fact that the suspect invoked his Fifth Amendment rights in which he refused to provideRead MoreThe Fourth Amendment And The Second Amendment1694 Words   |  7 PagesThe Fourth Amendment was passed by Congress on September 25, 1789. However, it was ratified on December 15, 1791. The Fourth Amendment is part of the first 10 Amendments which form the Bill of Rights. The Fourth Amendment is made to protect people from unlawful searches and seizu res. This means that the police can t search a person’s house without a warrant or probable cause. The founders of the Fourth amendment believed that freedom from government intrusion into one’s home is a natural right