The Second Amendment: An Individual’s Right? Essay

Submitted By senoir14
Words: 1027
Pages: 5
Open Document
The Second Amendment:
A Individual’s Right? On December 15, 1791 the Second Amendment was ratified along with the rest of the Bill of Rights. At the time this amendment was relatively uncontroversial, unfortunately times have changed. As most know, the Second Amendment of the Constitution protects the right to bear arms. Over the years there have been many different interpretations of this amendment. Sanford Levinson states “No one has ever described the Constitution as a marvel of clarity, and the Second Amendment is perhaps one of the worst drafted of all its provisions”(63). The Second Amendment was created to give each individual citizen in these United States of America the right to keep and bear arms, not to allow states to keep well-organized militias.
A Little History It is hard to know the true meaning of the Second Amendment without first knowing where it comes from and why it was ratified. The Second Amendment was formed in response to the British policy of confiscating firearms from individuals, which is what caused the American Revolutionary War in 1775-83. Many point out that the “shot heard ‘round the world” at the start of the Revolutionary War was fired when the British governor sent troops to collect and destroy colonists’ firearms in Lexington and Concord, Massachusetts. After the British seized firearms in Concord, residents ambushed, shot, and killed the British on their return march to Boston. So the American Revolution began with citizens’ resistance when the government attempted to disarm them (Constance Crooker 58).
Article I of the Constitution authorizes Congress to standardize the training for militias. Two examples of our modern day militias are The National Guard or The Naval Militia. The Second Amendment would not have been created to duplicate such training and regulation, which concludes that the Amendment must be a prohibition against civilian disarmament (Constance Crooker 57-58). In other words, the Second Amendment was ratified for a purpose, and if we were to believe that it was to maintain well-organized militias, then it would have no purpose at all.
The intent of the framers of the Constitution was that every man retains the right to be armed. European governments were afraid to trust the people with arms (Constance Crooker 56). This brings about the anti-tyranny side of the Second Amendment. Having an armed populace allows individuals to overthrow a tyranny. It also creates a deterrent to government oppression by raising the potential costs of using military force.
Gun Control Proponents Much like anyone would expect, gun control proponents focus on costs, deaths, homicides, and firearm related accidents. They are quick to point out the cost to the public for paying medical care and loses suffered due to firearm injuries and deaths. Unfortunately, worldwide statistics show that the epidemic of violence that has hit younger children in recent years is confined almost exclusively in the United States of America (David Clark 73). Many gun control proponents are quick to say “guns kill people!” but in reality, it is people that kill people.
Many gun control proponents say that the right to keep and bear arms was meant only for militia men. Insisting that only members of the National Guard or the Naval Militia were intended to keep and bear arms. When discussing the Second Amendment St. George Tucker (one of the three leading commentators of the Constitution) never suggested that the right of the people to keep and bear arms depended on a person’s enrollment and exercise in the citizen militia, or that the “right” belonged only to the state (Steven G. Bradbury, Howard C. Nielson, Jr., and C. Kevin Marshall 78). Another important fact is that the Militia Act of May 8, 1792 acknowledged that the U.S. has an “unorganized militia” which consists of all able-bodied males from age 17-45 who are not members of the National Guard
Show More

Related Documents: The Second Amendment: An Individual’s Right? Essay

Second Amendment Interpretation

Sides Issue 2.1 The Second Amendment’s Original Intention The Second Amendment holds controversy over its meaning. There is much debate over what exactly the Second Amendment is.The Second Amendment was passed by Congress September 25,1789. It was ratified on December 15,1791. The statement“the right of the people to keep and bear arms, shall not be infringed.” (“The Second Amendment”) has different interpretations. One interpretation of the Second Amendment is that the right “to bear arms” is a…

Words 478 - Pages 2

Government: United States Constitution and Gun Control Laws Essay

According to the U.S. constitution, the second amendment protects the right of citizens to keep and bear arms, but it does not prohibit gun control laws. Several cases have brought up the issue of whether the requirements and restrictions that gun control laws impose such as, what guns can be used, who can use them, and where they can be used are a violation of this amendment. Based on my research, I believe that all citizens should have the right to bear a gun regardless of service in militia, but…

Words 926 - Pages 4

How Does Dick Heller Have A Negative Influence On American Culture

June 26, 2008, Dick Heller won the Supreme Court case District of Columbia v. Heller 5-4. This victory protected the second amendment; An individual's right to bear arms. The court's decision allowed the purchase, ownership, and use of a firearm in respect of the law. However, this case has caused a stir amongst the American people and the value of their safety within the US. The Supreme court case District of Columbia v. Heller has negatively impacted American culture and its outcome still causes…

Words 454 - Pages 2

Fifth Amendment Pros And Cons

The First Amendment guarantees freedom of religion, speech, press, assembly, and freedom to petition the government. The Second Amendment is the right to bear arms. This amendment allows citizens to keep a firearm for safety and protection. The Third Amendment is Quartering of Soldiers. During a war, the amendment protects an individual’s home from soldiers who enter without consent. The Fourth Amendment is Search and Seizure, which protects an individual’s personal space by prohibiting unreasonable…

Words 419 - Pages 2

Second Amendment Arguments

Understanding the second amendment is something that has been contemplated by many politicians and researchers ever since the amendment was created. They all use the amendment to defend their claims, but the fact that they argue over the existence indicates there is no clear explanation of its modern purpose. To further elaborate Stephen Halbrook one of the scholars of the second amendments explains saying “The question really is not, 'Will some people be armed?', but it's a question of, 'Who?’”…

Words 316 - Pages 2

Case Study: District Of Columbia V. Heller

AMDG Ervin Colston 1-4-15 3rd District of Columbia v. Heller (2008) This case deals with the 2nd Amendment. What led up to this case was banning of handgun possession in the District of Columbia. The law of the District of Columbia at the time banned the registry and possession of handguns. Firearms that were legal in the District of Columbia were required to be unloaded and dissembled or bound by a trigger lock. Exceptions to this rule were for recreation or the firearm being located in a…

Words 510 - Pages 3

Gun Controll Google Drive Essay examples

been such a while that even the Supreme Court refuses to directly address this issue. This issue requires the knowledge about the Second Amendment. The Second Amendment states that people have their rights to bear arms. Over the past years, debates have continued to dictate Congress over the efficacy and if, according to the dictate laws, it is constitutionally right to own fire arms and weapons. Gun Control is a term that refers to the management of firearms in an effort to reduce the criminal use…

Words 437 - Pages 2

Essay on AP SynthPrompt Manning

prevalent than ever. For the past 30 years there have been more shootings then there ever have been in the country at any other time. Public opinion has been split down the middle, and debate over whether a strict or loose interpretation of the 2nd amendment regarding the availability of firearms to the public has only made the problem more difficult. Some Americans believe that firearms should be banned completely, and other believe that there only should be minor changes to gun laws that make certain…

Words 1154 - Pages 5

Rights to Bear Essay

Bearing The rights of all Americans, which are standards, set in place by the forefathers; written for all read and understand. Bearing arms promise’s death. Make no mistake the Constitution of Independence declares the right to bears arms for citizens of the United States of America. Pulling a trigger, which meant to capture someone’s or something’s attention at that moment in time to persuade? Ownership is very important and who has the right to take life? The Second Amendment states, “A well-regulated…

Words 2157 - Pages 9

The Pros And Cons Of The Second Amendment

The Second Amendment of the United States Bill of Rights provides the right of individuals to keep and bear their personal arms. Every American is given the constitutional right to possess and use firearms for legitimate purposes, like self-defense. Supreme Court rulings have put into question what firearms can legally be possessed by Americans and have brought debates about gun rights to the forefront of American political discussion. The debates are mainly concerned with improving the overall safety…

Words 566 - Pages 3