...Sager’s paper covers what he calls 15 Pro-Gun” arguments and debunks them. His first argument is to address the 2nd Amendment and how he feels about people who believe that it was written for the rights of individuals to keep and bear arms are misinformed. Mr Sager writes. “Those who make this argument are misinformed as to the original intent of the 2nd Amendment and have either been tricked by the modern gun lobby’s marketing or are actively perverting its meaning” (Segar, 2012). Although Mr. Sager makes his point with a written quote from Chief Supreme Court Justice Warren Burger about his thought on the 2nd Amendment and its meaning on protecting every Americans right to own guns. “…one of the greatest pieces of fraud, I repeat the word ‘fraud,’ on the American public by special interest groups that I’ve ever seen in my life time. The real purpose of the Second Amendment was to ensure that state armies—the militias—would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.” What Mr. Segar fails to realize is the credibility of his source. Because another credible source the US Supreme Court, in 2008 declared that the 2nd Amendment protected the individual’s right to own firearms. We can take what Chief Justice Burger said and except it as a credible source for the argument that the 2nd Amendment being...
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...First 10 Amendments to the Constitution • . 1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2nd Amendment • The 2nd Amendment protects the right to bear arms, which means the right to own a gun. 3rd Amendment • The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” • This means that we cannot be forced to house or quarter soldiers. 4th Amendment • The 4th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason). 5th Amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination) 6th Amendment • The 6th Amendment guarantees...
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...The 2nd Amendment, “The Right to Bear Arms” allows the population of the United States to be allowed access to fire arms. Various occasions have shown the 2nd Amendment needs a revision due to many tragic deaths that is caused by fire arms. Several years of research have pointed to a solution; stricter gun control laws will lower or get rid of gun related crime drastically. Stricter gun control laws can prevent many tragic events from happening and lower the amount gun related deaths and injuries, but not everyone is law bidding citizen. Despite what many claim, various sources indicate the Gun laws are like any other laws congress passes. Someone will break them and the number of incidents will grow. My argument is to show cases the dangers of having firearms, and banning them will be the correct choice. The various sources being used in my argument will elaborate on scenarios like...
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...era is heavily dependent on the TV as their chief source of information or news about the rest of the world. Since the nations have simultaneous access to the violent new stories that are exaggerated and sensationalized to generate more and more ratings all over the international television channels, newspapers and even the internet, a lot of people have started thinking whether the U.S. Constitutions’ 2nd Amendment is restrictive enough or not. According to a case in the Supreme Court recently, there was an evaluation of the said Amendment and its context. A question needed answering which were whether there were any legitimate restrictions on gun ownership. According to the ruling of the Supreme Court, other Constitutional Amendments and the dangerous times, there are not many legitimate restrictions in the ownership of firearms. Thesis Statement “There are not a lot of legitimate restrictions in ownership of firearms.” Discussion In the Court case of Heller versus District of Columbia (D.C), there are arguments which cover almost all possible aspects of the 2nd Amendment. From the year 1975, Columbian District has put a ban within the residents of D.C’s homes, on the unlocked firearms’ possession. The residents were required by law to store any and all firearms which were permissible in the Columbian District disassembled and unloaded or at least to be fitted with a trigger lock. It might be a problem for the people who are unfamiliar with firearms to figure out how...
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...Criminal Procedure Policy Paper Devone Calloway University of Phoenix Criminal Procedure Policy Paper “A due process model is a type of criminal justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards” ("Due Process Model Law," 2001, p. 1). This model involves two aspects which are procedural and substantive. The main focus of the due process model is the power of the government to protect its society with less focus on the individual liberties of the people. Crime control model is a law that refers to a theory of criminal justice which focuses on decreasing the crime in society through increased police and their prosecutorial powers. Since these two models go hand and hand with criminal justice there will be various opinions of the comparisons and the contrasts. Some of the differences amongst the due process model and the crime control model are that people are innocent until proven guilty in the court of law in conjunction with the due process model. This allows for everyone to be able to receive a fair trial. For those who take the crime control model approach believe that people who are arrested, are guilty and are required to receive punishment by the government. Those who believe in the due process model law feel as though that policing within the criminal justice system is vital to maintaining justice amongst the society. For...
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...Another heated Amendment debate This Amendment is very discussed because it is overseen by one of the largest lobbying groups. This group is the NRA (National Rifle Association). They have many faithful members and they will go to great lengths to make sure that what they feel are there given rights, have any chance to be seen as being forfeited. This whole group of people feels that the 2nd Amendment guarantees them the right to own and carry a gun. To enforce my later statements I feel I must add the 2nd amendment to this paper so I shall do so: "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." Eugene Volokh believes that this statement secures a "right of the people" not of the militia. I believe that we are able by our constitution to own guns. Under the 1956 Militia Act, it says anyone between 18 and 45 are part of the militia which is "the body of the people capable of bearing Arms" (Volokh). That to me constitutes that anyone capable of handling a gun has a right to possess one unless they have had a felony, mental illness, etc. Carl T. Bogus, a law professor at Roger Williams University in Bristol R.I., simply stated the whole reason for the second Amendment was because "James Madison merely wanted to win support for the Bill of Rights from southerners who wanted armed units to be able to control slaves" (Glaberson). This amendment I feel has become very...
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...Guns Keep Us Safe Vermont, one of out five states that allow their citizens to carry a firearm, without having a permit on them. Out of Alaska, Arizona, Vermont, Arkansas, and Wyoming, Vermont is the safest (Custom States). In my paper i will prove that states that allow their citizens to own and carry a firearm have lower crime rates than states who don't allow their citizens to own or carry a firearm. The five states that allow their citizens to carry a firearm without a gun permit are the following: Alaska, Arizona, Vermont, Arkansas, and Wyoming. As you all know the United States let’s all their citizens own a firearm and i bet you're asking why i chose those five specific states, well the states that i chose let their citizens own and carry a firearm without a permit. All the other 45 states only allow a their citizens to own a gun and are...
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...02/07/2013 GOV 100 Paper Assignment #2 Gun Control: - S.150 - Assault Weapons Ban of 2013 Connecticut December 2012, a Bushmaster AR-15 assault weapon was involved in the deaths of twenty children. Colorado, an AR-15 assault rifle was involved in the killing of twelve innocent civilians at a movie theater. A TEC-DC 9, Hi-Point 995 Carbin, and a Savage 67H shotgun involved in killing eleven high school students along with one high school teacher in Colorado. The fundamental question here, is that why are such powerful assault weapons in the hands of civilians? Most Americans are against the possession of assault weapons in the hands of the civilians. Established in 1791, The 2nd Amendment in the Bill of Rights gives citizens the right to bear arms. The founding fathers had intended for American citizens to have the right to bear arms to protect themselves from a tyrannical government regime. Which was a legitimate concern during that time period that does not uphold presently. However, throughout history the American government makes changes to the constitution as the country goes through economic expansion and technological progress. A fine example is the 1965 voting act, which outlawed discriminatory voting. It was indeed a necessary and important act implemented to uphold the ideal of equality among all American citizens. As time and circumstances change, so must the terms and conditions that govern them. Essentially, the interpretation of the constitution must...
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...Gideon was given a trial in front of a jury and he represented himself, he was eventually convicted of stealing a small amount of money and other items from a bar in Florida. He appealed his sentence of five years and tried to appeal to the Supreme Court of the United States where he argued the 14th Amendment causes the 6th Amendment to be applicable in State courts. He was eventually awarded another trial when he hired a real attorney who was able to discredit eyewitness testimonies and he got Gideon off with just a slap on the wrist. The suit that Gideon filed against Wainwright overturned Betts v. Brady, which now allowed the 6th Amendment to be used in state cases too and not just federal. Gideon v. Wainwright, also pushed the right to an attorney to all felony cases. Gideon v. Wainwright caused a tighter enforcement of the rights citizens hold, this case allowed an attorney to be provided for all cases and just specific cases. All State courts are required to have a public defender who was trained in all aspect of the legal system, he has to be a good lawyer. The defendants also are required to have access to the defense counsel, even if they can not afford one they have to be provided with one, all people...
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...The 2nd Amendment and the Battle for the Bill of Rights in the United States Christopher Jesus Moya CM220 College Composition II Kaplan University Over the last few years it seems that there has been a noticeable amount of gun crime making its way into the media and thus stirring up a debate on gun control. The government wants to make it seem like strict gun control is the answer to lower crime rates. However, we have the constitutional right to bear arms. Gun control laws will not effectively lower crime rates they will just make it more of a hassle for those who are law abiding citizens to get firearms because criminals that want to obtain firearms will start to find illegal ways to obtain them. There are many questions that can be brought up about gun control and whether or not it is infringing on our American Bill of Rights. It seems to be a huge topic of discussion and in modern America leads to a lot of debate. Some questions that we face on gun-control are as follows. If the government put in place stricter gun-control laws does it infringe on people’s rights to own guns? The current laws that are in place are they truly enforceable? Should the governments’ stricter gun laws prohibit gun sales at gun shows without background checks? Would more guns, not less, prevent shooting massacres or gun crimes like the Sandy Hook Shooting? Also, will banning assault rifles and high capacity magazines lessen gun-violence like so many would like to believe here in...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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...The Cases of The District of Columbia vs. Heller and Lopez vs. the United States: a look at Supreme Court gun law cases, rulings, and the current abuse of executive privilege under the Second Amendment. The Second Amendment to the Constitution is the right to keep and bear arms by every law abiding citizen in the United States. In this dialog, we will look at the aforementioned Supreme Court cases to better understand the limitations of the Central Governments ability to interfere with this individual right. In the case of the District of Columbia vs. Heller, the primary issue in this case was the complete ban of handguns in homes within the District of Columbia unless they are unserviceable. This case was brought by Dick Heller in an action claiming that a complete ban violates the 2nd Amendment right guaranteed to the citizens of this country. In the case of Lopez vs. the United States, Congress attempted to control where individuals could carry weapons through the invalid use and exercise of the commerce clause power. At first look into the District of Columbia vs. Heller case, the power to solicit and control gun regulation belongs to the States, not the Federal Government. The District of Columbia is not a state and therefore does not possess the authority to install gun regulations on the citizenry living there as they are residents of Maryland and Virginia and are so governed by the gun laws which exist...
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...Miguel Reyes 27 Amendments 1st Amendment- People have freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the Government. 2nd Amendment- protects the right to own guns. 3rd Amendment- guarantees that the army cannot force homeowners to give them room and board. 4th Amendment- protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause. 5th Amendment- protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees. 6th Amendment-A person has the right to a fair and speedy trial by a jury. 7th Amendment- guarantees a jury trial in federal civil court cases. 8th Amendment- guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set. 9th Amendment- is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated. 10th Amendment- Any powers that the Constitution does not give to the federal government belong to the states 11th Amendment- more clearly defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state...
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...Debate Paper: Gun Ownership versus Gun Prohibition Mark Mitchell XBCOM-275 April 27, 2014 Daniel Anderson Debate Paper: Gun Ownership versus Gun Prohibition Gun control (prohibition) is one of those matters on which practically every person has a view and those views are deeply maintained. Whether a person is pro-gun or anti-gun is based on each's opinion and are repeatedly established not on real details but rather on crude passions driven by extensively broadcasted distortions regarding the use and misuse of guns. Additionally, most people have the same opinion that gun-related injuries or death of unintended person should by no means tolerated, although there is a wide range of opinions on what the course of action to take in an attempt to obtain a proper solution. So in the interest of clarifying this subject of which is right and proper, whether it is the Private ownership of guns or the prohibitions of guns (or if the answer lies somewhere in the middle) is truly right for the country; enter the debate. As to reasons in support of pro-guns ownership for private citizens, comes from one of the founding fathers Thomas Jefferson (n.d.) who eloquently stated “The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." He also said," No free man shall ever be debarred the use of arms.” This belief was not his alone but that of all the founding fathers. This belief was so...
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...criminal law paper 484 5/4/2015 Dwayne Carr The foundations of criminal law paper With the safeguards that the Constitution gives with the fourth, fifth, also the sixth amendments, they depicted as the means to the value of the due process. The three laws are in place, to make sure that to make the environment society lives in protected. Within this paper, it will discuss these three rights, and the safeguards that come with them. That will help the adults as well, as the juvenile’s daily basis in the court process. Will show you how they keep both, of these courts setting fair and just to all that have to come through them with these amendments. With the fourth amendment made, in law to stop unfair searches and seizures of people’s property that he or she owns without any warrants. In addition, cause to do so however through the years court systems, like the Supreme Court has granted alterations to the fourth amendment. Like given law enforcement access search an individual who has in custody, from a criminal offensive also they view something that is illegal gives them permission. To search the person property, they feel that the environment of the suspect is unsafe, for them and to the law enforcement officers in there as well (pg.608, J. David Hirschel). With youth, offenders there are limitations on the fourth amendment. Youth that beneath the age of eighteen, which has already tried for doing a criminal offensive can use the fourth amendment in the criminal...
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