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E.g., Amendments Proposed by the Virginia Convention June 27, 1788, in Creating the Bill of Rights: the Documentary Record from the First Federal Congress 19 (Helen E. Veit et al. eds., 1991) (proposing among other things, “[t]hat the people have a right to keep and bear arms; that a well regulated Militia composed of the body of the people ...
- Right to Bear Arms
- State Militias
- Well-Regulated Militia
- District of Columbia v. Heller
- Mcdonald v. Chicago
- Gun Control Debate
- Mass Shootings
- Sources
The text of the Second Amendment reads in full: “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.” The framers of the Bill of Rightsadapted the wording of the amendment from nearly identical clauses in some of the original 13 state constitutions. During...
But as militias had proved insufficient against the British, the Constitutional Conventiongave the new federal government the power to establish a standing army, even in peacetime. However, opponents of a strong central government (known as Anti-Federalists) argued that this federal army deprived states of their ability to defend themselves against...
Practically since its ratification, Americans have debated the meaning of the Second Amendment, with vehement arguments being made on both sides. The crux of the debate is whether the amendment protects the right of private individuals to keep and bear arms, or whether it instead protects a collective right that should be exercised only through for...
Since the passage of the Brady Handgun Violence Prevention Act, which mandated background checks for gun purchases from licensed dealers, the debate on gun control has changed dramatically. This is partially due to the actions of the Supreme Court, which departed from its past stance on the Second Amendment with its verdicts in two major cases, Dis...
Two years later, in McDonald v. Chicago, the Supreme Court struck down (also in a 5-4 decision) a similar citywide handgun ban, ruling that the Second Amendment applies to the states as well as to the federal government. In the majority ruling in that case, Justice Samuel Alito wrote: “Self-defense is a basic right, recognized by many legal systems...
The Supreme Court’s narrow rulings in the Heller and McDonaldcases left open many key issues in the gun control debate. In the Hellerdecision, the Court suggested a list of “presumptively lawful” regulations, including bans on possession of firearms by felons and the mentally ill; bans on carrying arms in schools and government buildings; restricti...
Since that verdict, as lower courts battle back and forth on cases involving such restrictions, the public debate over Second Amendment rights and gun control remains very much open, even as mass shootings became an increasingly frequentoccurrence in American life. To take just three examples, the Columbine Shooting, where two teens killed 13 peopl...
Bill of Rights, The Oxford Guide to the United States Government. Jack Rakove, ed. The Annotated U.S. Constitution and Declaration of Independence. Amendment II, National Constitution Center. The Second Amendment and the Right to Bear Arms, LiveScience. Second Amendment, Legal Information Institute.
Alexander Hamilton, James Madison, and John Jay collectively wrote eighty five essays, known as the Federalist Papers, to persuade people, from those in politics to the average citizen, that the new constitution will be aid in the growth of the young nation.
- United States
- Concerning the Militia
- English
- Alexander Hamilton
7 de nov. de 2023 · This chapter continues to pursue this question which was raised earlier. The relevant Federalist papers are Nos. 25, 29, 46 and 56. Hamilton in Federalist No. 29 sets out the “plan of the convention” circumscribing the nature and functions of militia and the bearing of arms.
Second Amendment: 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. Hist or ical surveys of the Second Amendment often trace its roots, at least in part, through the English Bill of Rights of 1689, 1.
The Right to Keep and Bear Arms (Comm. Print 1982); Don B. Kates, Handgun Prohibition and the Original Meaning of the Second Amendment (1984); Gun Control and the Constitution: Sources and Explorations on the Second Amendment (Robert J. Cottrol ed., 1993); Stephen P. Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right ...
25 de mar. de 2024 · The original text for the Second Amendment to the U.S. Constitution is, “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.”
