Constitutional Rights - Research Paper Example

Comments (1) Cite this document
From the paper "Constitutional Rights" it is clear that the right to bear arms can be considered to be an upper tier right. The basis of this placement can be analyzed by studying several cases in which the Court ruled according to upper tier scrutiny…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
Constitutional Rights
Read TextPreview

Extract of sample "Constitutional Rights"

 Constitutional Rights
The Constitution has granted the public with certain rights and privileges that have been incorporated into the Constitution as the Bill of Rights (Cornell, n.d.). This Bill is in the form of amendments, and each amendment addresses a certain right or a group of rights based on their nature, such as social, political, civil or others. These rights are also classified as natural or technical rights, based on whether they deal with personal or state issues (Subcommittee on the Constitution, 1982).
The 2nd amendment states: “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” (Cornell, n.d.). The aim of this paper is to discuss the right to keep and bear arms, and to analyze the tier of classification that is used to scrutinize this right.
The right to bear arms has been, perhaps, the most controversial of all the rights drafted in the Constitution, yet the least studied and researched of all the Constitutional clauses (Subcommittee on the Constitution, 1982). The modern day interpretation and application of this right has been radically changed from the time when it was actually conceived; indeed, today a U.S. citizen can get arrested for two years without trial or probation if caught with an unlicensed gun (Subcommittee on the Constitution, 1982).
The history of this right dates back to 872 A.D., when Alfred the Great established that to bear arms was not only a right, but an obligation of every able individual (Subcommittee on the Constitution, 1982). An important point to be noted here is that the term Militia as used in the amendment had very different connotations then as it does today; instead of referring to just a select group of soldiers like the army or the National Guard of today, it then referred to the free populace of the State as a whole (Subcommittee on the Constitution, 1982)_ the concept of a standing army was not only viewed with disdain, but was actually considered to be a threat to the liberty of the common man, (Subcommittee of the Constitution, 1982).
The study of the human rights is often wrought with ambiguities and confusion as to which of the rights are actually Constitutional laws and which are social rights (Equal Protection, 2011). It is often necessary to distinguish between the different classes of rights, especially in regard to legal matters when they are taken up for infringement or repealing. In order to achieve this distinction, rights are often classified into three tiers: the upper, middle, and lower tiers, according to the level of scrutiny that they are afforded by the Court (Equal Protection, 2011).
The right to bear arms can be considered to be an upper tier right. The basis of this placement can be analyzed by studying several cases in which the Court ruled according to upper tier scrutiny. It must be noted that rights that are especially drafted into the Constitution and form clauses of the Bill of Rights are afforded Constitutional protection against infringement by the State, and that this protection is binding on the State (Equal Protection, 2011) as per the Fourteenth Amendment: “No state shall… deny to any person within its jurisdiction the equal protection of the laws” (Cornell, n.d.).
In Nunn v. State, 1 Ga. 243, 251 (1846), the State of Georgia repealed this right by banning the bearing of arms by the citizens (Subcommittee on the Constitution, 1982). This ruling was deemed as “unconstitutional” (Subcommittee on the Constitution, 1982) by the Supreme Court of Georgia, which maintained “the right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not merely such as are used by the militia, shall not be infringed, curtailed, or broken in on, in the slightest degree” (Subcommittee on the Constitution, 1982).
The pertinent discussion becomes even more clear in United States v. Miller, 307 U.S. 175 (1939), in which the case against the bearing of a shotgun was dismissed even before trial (Subcommittee on the Constitution, 1982) on the basis of the Constitutional protection afforded to this right by the 2nd Amendment; no evidence was taken as to the nature of the weapon, the reason for bearing it, or the history or background of the bearer (Subcommittee on the Constitution, 1982). This suggests that such a right is viewed as a natural right of an individual (Equal Protection, 2011), and as such the State cannot repeal it. The ratifying of the Fourteenth Amendment further strengthens this protection, extending even to the Federal Consitution under the “due processing of the Law” Bolling v Sharpe (1954) (Linder, 2011).
(n.d.). Cornell University Law School: United States Constitution. Retrieved from
(1982). Subcommittee on the Constitution: the right to keep and bear arms.
Retrieved from
(2011). Equal protection_ Constitutional law. Retrieved from
Linder, Doug. (2011). Exploring Constitutional law. Retrieved from Read More
Cite this document
  • APA
  • MLA
(“Constitutional Rights Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from
(Constitutional Rights Essay Example | Topics and Well Written Essays - 750 Words)
“Constitutional Rights Essay Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
tmayer added comment 1 year ago
Student rated this paper as
The topic of "Constitutional Rights Essay" is quite popular among the tasks in college. Still, this paper opens a brand new perspective of seeing the issue. I’ll use the style for my own essay.

CHECK THESE SAMPLES OF Constitutional Rights

The Human Rights Act 1998 was a constitutional mistake. Discuss

...? Whether the Human Rights Act 1998 was a Constitutional Mistake? – An Analysis Introduction Of late, there has been wide public debate in UK over the Human Rights Act 1998 (HRA) (hither in after will be referred as HRA). Due to three high-profile cases namely the Afghani hijacker’s verdict1, the Chahal2 case and the Anthony Rice3 case which made the critics to vehemently argue that HRA, or the style in which it is being construed, is barring the UK Government from guaranteeing the safety and rights of the general public, and hence it should be either amended or repealed. In the above three cases, there have been a failure to consider for deportation of foreign prisoners...
16 Pages(4000 words)Essay

Constitutional Rights before and after Arrest

...? Constitutional rights before and after arrest Sandra Clay Kellie Callahan POL:303: The American Constitution Constitutional rights before and afterarrest The theory of the United States Constitution was initially a resultant from the suppression of the general public who once suffered and tolerated the British rule. Rights were formed by the circlet and only were applied to those people the kingdom felt commendable. When charged of law-breaking, a civilian had very restricted defense and assurances of justice and appropriate procedure. In an attempt to offer definite and assured constitutional...
8 Pages(2000 words)Research Paper


...Kuddler Fine Foods has established a reputation for specialty gourmet foods and prides itself on service and quality products. In keeping with the company’s established reputation Kuddler Fine Foods desires that its employees perform to a certain standard and its employees are assumed to be afraid of suffocating monitoring policies. As a result a conflict exist between constitutional rights as contained in the Bill of Rights and the employer’s right to run an effective place of business.1 Moreover, the Commerce Clause empowers Congress to regulate US commerce in such a way so as to limit the constitutional implications for employees.2 Kudler Fine Foods’...
4 Pages(1000 words)Essay

No Smoking Ban and Constitutional Rights

...Primarily, it must be established first that the case at hand involves a Constitutional question due to the apparent violation of the Constitutional right of Candice, hence, should be adjudicated if the subject law is within the ambit of Constitutional premise. The second thing that needs to be settled is whether the case is justiciable. I would have to answer in the affirmative as the case meets the tests for justiciability which are as follows: (1) An actual case which requires the exercise of judicial power. Obviously, Candice was not hired in the State Health & Welfare Department because of her being a smoker notwithstanding the fact that she is well qualified for...
4 Pages(1000 words)Essay

Constitutional Rights and Discrimination

...CONSTITUTIONAL RIGHTS AND DISCRIMINATION A CASE STUDY ON LABOR AND ISSUES OF DISCRIMINATION AT WORK CAUSING PHYSICAL DAMAGE Case Background Abdul isan Arab-American who, like the other minorities in the society, is finding it hard to look for a job in New York. When he finally lands a decent job within the State Department of Transportation as a flagger among the road crews, he was faced with the challenge of dealing with massive discrimination not only from his co-workers but also directly from his boss. It was unnerving to see how he was treated by his boss Clyde who was an American patriotic. Abdul , being a devoted Muslim, completes his responsibility to pray at least five times a day. He does this...
6 Pages(1500 words)Essay

Constitutional Rights

...The Real World of Constitutional Rights and the Legal System The concept of rights in America is often misunderstood, as is the concept of what are referred to as “Constitutional Rights.” Since it is widely recognized that the Supreme Court is arguably the “supreme power” in the US, we check to see what they think about the concept of rights: As in our intercourse with our fellow men, certain principles of morality are assumed to exist without which society would be impossible, so certain inherent rights lie at the foundation of all action and upon a recognition of them alone can free institutions be maintained. These...
4 Pages(1000 words)Research Paper

Violation of Constitutional Rights

...Violation of Constitutional Rights and citation The case is about the violation of constitutional rights Debbie Ricci was denied to express her political views in her place of work despite them having some rules which restrict the workers from engaging themselves in politics. Kerry Cowart fired her immediately, and the board denied her grievance, the political endorsement turned into a first Amendment case. Facts and case Debbie claims that her constitutional rights have been violated after expression her political views in her work place. She states that her first, fourth and fourteen amendments rights were violated...
1 Pages(250 words)Essay

Americans Constitutional Rights for Privacy

...American’s Constitutional Rights for Privacy College American’s Constitutional Rights for Privacy Immediately, after 9/11 attack, US government introduced the “Patriot Act” a law which intended at assisting in deterrence of probable terrorist’s attacks in the future. Critics have assailed it as a draconian Act as it augmented the mechanism of the intelligence agencies to initiate drastic steps against terrorism, offering them with unlimited power to record, keep eavesdropping of, and to supervise those involved in suspected planning and indulging in terrorist attacks in the US soil. Patriot Act also made easier of the interaction, sharing, exchanging of information...
5 Pages(1250 words)Research Paper

Does Quarantine violate constitutional rights

...Quarantine due to health concerns do not violate the 14th Amendment of the United s Constitution. Although a quarantine is not directly mentioned in the U.S. Constitution, challenges in order to have a quarantine broken have been denied by the Supreme Court. It has been ruled that quarantines are constitutional. The Supreme Court and laws have deemed the greater good of the American Public need to be decided by health experts in the United States v. Shinnick. Recently an Ebola outbreak in a few African countries has become deadly for thousands. Americans have gone to the region as healthcare workers. Kaci Hickox, a nurse, returned to the United States to be quarantined. She believes that under the 14th Amendment quarantine... is...
1 Pages(250 words)Essay

Sex Predator - Societal Protection vs. Constitutional Rights

...Sex Predator: Societal Protection vs. Constitutional Rights Affiliation Governments are man d to protect people from any acts of violence through measures, which prevent crime. However, the government must consider the right of individuals and avoid any law that can infringe on the human rights. Conviction of individuals for a crime does not deter them from claiming a just treatment in the hands of the government. Sex predator laws are in conflict with the rights and freedoms of individuals, the civil society, and the human right groups are always in controversy with the government. The constitution, which should protect peoples rights contain laws, which interfere with the offenders freedom and rights. Offenders are human beings... , and...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Constitutional Rights for FREE!

Contact Us