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With due regard on the issue, the discussion henceforth intends to briefly discuss about the Second Amendment enacted in the US Constitution taking into account the various controversial arguments related to the enactment.. With this concern, the discussion will also be focused on highlighting certain recent relevant court cases with respect to the issue.
The Second Amendment to the Constitution of the US can be considered as one of the major controversial enactments in the history of the nation. The amendment was initially approved on 15th of December 1791which preserves the right of the US people to bear weapons irrespective of their military identification owing to their need for self-protection, defence and security in their residences. Since then, the amendment has been one of the most controversial issues in the civil legislation of the US. Recently, in the year 2008 the amendment was again questioned under the circumstances presented in the District of Columbia v. Heller, 554 U.S. 570 (2008). The civil court therefore had to rule out that the second amendment made in the Bill of Rights violated certain protection acts already enforced within the nation. However, owing to the circumstances of the criminal offence and the purpose of the second amendment, the court approved the decree that the enactment preserves an individual’s right to acquire a weapon or gun (Pollock 375).
Although similar instances had been witnessed throughout the 19th century, no particular amendments were intended with concern to the policy measures enacted in accordance to the Second Amendment. The Supreme Court of the US stated that the Second Amendment does not block the regulation of the State with regard to possess firearms. For instance, as per the United States v. Cruikshank, 92 U.S. 542, 553 (1875), it was ruled by the Court that the Second Amendment restricts the control and power of the federal government in delivering adequate
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Different times have seen different interpretations of the statutes of the constitution in accordance with the needs and cognizance of the ruling class, and to a lesser extent, the citizens of the United States. What the founders of the nation meant by those statues has been lost to the numerous changes.
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.
Thus, the government cannot infringe upon the freedom of its citizens to practice any religion of their choice through legislations that curtail such freedom or conduct search and seizures against any person that is suspected of committing a crime unless it is done so in accordance with the manner prescribed by laws.
It was created as America declared its independence from its parent nation of England as a way of creating its own direction, with language and concepts that were unfamiliar to the parent nation. It is the document on which the rights of the American citizens are based, and represents many important principles, and is the foundation upon which the freedom of the country is based and considered to be the founding document of the nation.
The establishment of the amendment recognized that the government could not dictate on the people’s rights. In addition, the individual freedom and security provision for liberty and life was recognized when the amendment was passed. The paper looks at the historical attacks on the 2nd Amendment rights by the Democratic Party and the administration of the past leadership up to the current Obama administration.
Those against the second amendment state that due to the second amendment, the quantity of guns in the hands of the citizens of US has increased and due to this gun violence has even increased. A total of 270 million firearms are registered in the name of the civilians of the US (Small arms survey, 2007, p.39).
Simultaneous with the ratification of Amendment 2, nine other amendments were ratified on December 15, 1791. These are:
Amendment 2, together with the 10 other amendments, was probably considered very important
These boundaries are the basic principles of search and seizure law in criminal investigation matters. This is how the 4th Amendment to the U.S. Constitution reads: “The right of the people to be secure in their persons, houses, papers,
In 2008, the Supreme Court made a landmark decision regarding the 2nd Amendment. In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court ruled that an individual’s right to bear a firearm is protected
As compared to the United Kingdom that has strict gun control laws, the United Kingdom has allowed the states to enact laws which vary on the issue of gun possession and use (Alters, 2011).
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