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1). Arms in this case include any kind of firearms (handguns, rifles, and shotgun among others). The Second Amendment, as intended by the founding fathers, gives individuals the constitutional right to bear arms although the state reserves the mandate to regulate their ownership and use. This paper will analyze the Second Amendment to the Constitution of the United States in light of its history and controversial nature.
Although the Second Amendment was ratified in December 1791, it was passed by Congress on September 25, 1789 (National Constitution Center par. 1). The history of the Second Amendment to the American Constitution traces its roots to the English law which held that people have natural rights to defend themselves against aggression. Before the American Revolution English Settlers in America held the view that the right to bear arms or state militia was important for several reasons. Some of the reasons that that they assigned to bearing arms included: to repel invasion; to facilitate self-defense; for law enforcement; to suppress insurrection; to prevent tyrannical government; and to enable the organization of a militia system (Adams 47). This was indeed the case in the different states that today make up the United States as evidenced by their individual constitutions. For example, the Constitution of Pennsylvania expressly stated that the people have a right to arms for which they can use to defend the state or themselves.
Before the American Revolution took place, colonists who pledged their allegiance to the British government bore arms, forming a colonial militia (Adams 82). However, with the passage of time some colonists developed mistrust for the British government and by extension, distrust toward those who were loyal to it. The colonists who favored independence from British rule established colonial legislatures that were free of the control of the British government. They used these
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As a result, gun authority advocates started interpreting the second amendment in a single way (Crooker 62). On the contrary, weapons supporters viewed the assaults on the weapons ownership as assaults on liberties, and secured their reading of the second amendment just as aggressively.
In fact, it was a requirement in some colonies for men to carry muskets especially when visiting the church. Weapons were a sign of honor, dignity and courage. The colonists that explored the New World were threatened by the Indians. For security against attacks, every able bodied man had to have arms.
Amendment two A precisely regulated armed force, being essential to the safety of a free state, peoples’ rights to keep and own arms, will not be disobeyed. Amendment three No combatant shall, in peace times be quartered in any home, without the owner’s consent, nor in war time, but in a way laid down by the law.
The Bill of Rights and the 14th Amendment
These amendments have become a key detriment in the formation of law and the ways in which the government and its three branches interact with the citizens over which they preside. As a means of further understanding each of these first ten amendments, this brief analysis will consider their meaning in a greater degree of depth and through such an analysis help to paint a picture for the reader or researcher with regards to the ways in which the growth, definition, and expansion or contraction of the meanings associated with these amendments have helped to shape the legal process that is enjoyed with the United States.
On the surface, this Amendment seems to provide a lot of benefits to the American society. For example: media has the freedom to provide information to the citizens of US, and the citizens of US are free to fight for their rights that might be violated by the government through changes in constitution.
The rights contained therein are meant to bring about order and respect accorded to all, which makes it an all too crucial document meant to sustain human life and order as known to man. Consequently, this order and the rights contained in the bill of rights have aspects that need discussion ranging from origin and importance to different amendments and ratifications made, as well as those yet to be approved.
The second part usually concerns the proper issue of warrants whereby it states that there should be a probable cause in case a warrant has been issued. The totality of circumstances tests the probable cause.
A police officer cannot be said to be conducting a search where he/she looks through the window when walking along the street.
This methodical accomplishment of such rules and procedures would then ensure that each person's rights are left intact, as well as making it certain that the consequences of those efforts are cordial to the improvement of the whole State. Thus, Amendments in the U.S.
Politicians are often made or broken depending on their stance on such matters as the assault weapons ban and prayer in public schools. Recent news coverage of prominent newspaper reporters being jailed for refusing to reveal their sources during criminal investigations has captured the attention of the nation and raised important constitutional questions of whether the ability of the press to investigate and gather sources of information to inform the public trumps the state's interest in prosecuting criminals and securing the country.
The first amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”.
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