Monday, September 13, 2010

Second Amendment

1)         Source: A Right to Bear Arms? The Issue:  Does the Second Amendment Give Individuals a Right to Bear Arms? Justice Antonin Scalia, for the majority in District of Columbia v Heller (U. S. Supreme Court 2008) http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/beararms.htm

2)       Constitutional Connection: Amendment 2 - Right to Bear Arms
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.
3)       Explanation of Connection: This was written in 2008, on the controversial issue about a court case, District of Columbia vs. Heller.  The meaning of the second amendment is a topic with gray areas. This means that there are different views, depending on the persons’ personal thought. This topic is being debated, on whether or not the second amendment protects him right for a citizen to have so many firearms. This is a beautiful example of how the constitution is very old but still moving and living in present day.
This can be compared to the case in 1939, US vs. Miller. It was simple, the favor of the defendants because the second amendment protected individuals’ rights or not in favor for the defendants because this amendment only protected the rights of members of a state militia. We, as citizens need to be aware of our rights. If we as citizens aren’t aware then there isn’t a use for them to be made. You cannot carry around an unregistered gun and if you are a felon, of any crime, you can’t register a gun or even poses a gun. Citizens need to understand laws like these and not expect things to go your way if the consequences catch up with you.
There was a point when the U.S Supreme Court wanted handguns in homes to be banned. Handguns can be a problem on the streets, but in the home of a civilized citizen there shouldn’t be a problem. What affect would this have had on us? What would happen if someone broke in your home? Guns are a symbol of war but also peace. Peace to the person that owns it in order to ensure safety. Both major candidates at the time approved on making a prefatory clause.

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