Premium Essay

An Essay on the Original Intent of the Second Amendment

In:

Submitted By clearwaterpro
Words 2488
Pages 10
The Second Amendment to the Constitution of the United 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.”
The Second Amendment has been the subject of controversy only for roughly the last 80 years. Even though, as some argue, the Framers themselves argued over its wording, the almost universally accepted opinion was that it guaranteed an individual right.
It was in 1934 that the first attempt at universal gun control on a national level occurred. In 1934, the United States was at the height of the Great Depression (Kangas, 1997). In 1933, the 18th Amendment to the Constitution had finally been repealed, marking the end of the noble experiment known as “prohibition”. The fourteen years of prohibition had nurtured an atmosphere of speakeasies, bootlegging, gangsters, and mafia. The year following the repeal of prohibition was marred by some of the worst gangster violence in American history. John Dillinger and Baby Face Nelson were on the run. Bonnie and Clyde were killed in that year (1934 in the United States, 2013). The nation had just finished its war with Al Capone’s gang (Al Capone, 2013). The people were tired of the unrestrained violence and, in an apparent classic effort to obtain safety at the expense of liberty, were willing to accept limits on the right to bear arms.
Although this discussion is not about the history of gun control but about the right to bear arms, it bears mentioning that, in almost all cases in which federal gun control has been enacted, the legislation was enacted following an acute emotional crisis or tragedy that either frightened people or tugged at their heart strings (Garrett).
In 1968, following the assassinations of President Kennedy, Rev. Martin Luther King, and Robert F. Kennedy, Congress passed the Gun Control Act of

Similar Documents

Premium Essay

Copyright and the Cyberworld

...Copyright and the CyberWorld Jenna Ladner EDU 625 February 6, 2013 Abstract This essay was written to to serve as a survey of part of copyright law. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. This essay shares some information on several topics in regards to copyright and technology: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet. A polite assumption would be that people are not aware that copying is unlawful: it is a violation of copyright laws and the property rights of authors. This document gives a brief sketch of the nature of the rights protected by copyright law. Copyright Law in the USA Copyright occurs automatically when both of two conditions are satisfied: the creation of an original work and "fixation of that work in any tangible medium of expression." The current law in the USA requires neither a notice of copyright nor registration of the work with the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek...

Words: 1849 - Pages: 8

Premium Essay

Pennsylvania Sample Essays for Bar

...Essay Question 1 1. From the sale of his home in 2004, Melvin will incur a gain in the amount realized from the sale of his home, which exceeds his deferred basis in the home because the property was transferred to him incident to divorce. Furthermore, Melvin will be able to exclude the gain on the sale of his personal residence from his taxable income. The rules pertaining to federal income tax and income tax deductions are governed by the Internal Revenue Code (“the Code”). According to the Code, all income is taxable from whatever source derived unless otherwise excluded. Pursuant to the Code, income is defined as any economic benefit to the taxpayer or any clearly realized accession to wealth. Under this conceptualization of income, income can be in the form of cash or the fair market value of any property received. In the instant case, Melvin sold his principal primary residence. The amount realized for the sale of his home was $200,000 in cash and two paintings, each valued at $50,000. Thus, his entire amount realized, consists of the total value, or $300,000. Determining the amount realized is only the first step in determining what income will be taxable to Melvin in 2004. Next, because the disposition of property (receiving value for the sale of a home) is a capital gain, the amount of Melvin’s basis in the property must be subtracted from the amount realized to determine the amount of taxable income. A taxpayer’s basis in property is the amount of money...

Words: 6566 - Pages: 27

Premium Essay

Qbt1 Task 5

...Control: Effects on Crime and Violence The topic of gun control in the U.S becomes more popular in the wake of horrific gun crimes and mass shootings. , but tHowever, the public might be surprised to find that the intended results of gun control laws might prove to be historically ineffective in preventing future gun violence from occurring in America and that there is perhaps a more suitable solution for the problem.. In order to properly understand the breadth of the gun control topic, it would be wise to also properly understand the history of gun controls in the U.S. as well as what gun control actually is. Gun Control seems to have a slightly differing definition depending on which source is defining the term. For the purposes of this essay, the following sources will be used: dictionary.com defines the term “gun control” as the “government regulation of the sale and ownership of firearms”, while Merriam-webster’s website defines gun control as “regulation of the selling, owning, and use of guns” (Gun control, n.d.). Each of the definitions states that the regulation of guns by the unspecified government would seek to control the sale, ownership, and/or use of a gun. In relationship to the United States, there have been several famous and infamous laws written to target gun control in one way or the other. To some, the history of gun rights and gun control in the United States might be likened to a boring and overplayed record. The difference in what that this paper contains...

Words: 2383 - Pages: 10

Free Essay

The Digital Millennium of Encryption

...America * Trafficking of digital media and the right associated * DeCSS * Creation * Intended use of DeCSS * How DVD encryption functions legally * Region Coding * DeCSS court cases * California trade secret laws * New York court case * Eric Corley * Corley’s intentions * Outcome of his legal allegations * David Touretzky * First Amendment relations * Position on source code links * Copyright Act * Fair Use * Outcome of fair use case * Judge Kaplan * Issues with Kaplan’s decision on fair use * Kaplan’s decision for First Amendment rights when using source code * Professor Touretzky response * Final outcome of court case * Conclusion * Kaplan’s Final Decision * Defendant Deposition * Plaintiff’s View of Trial * Defendants View of Trial * Overall Outcome Introduction This research essay discusses the ongoing turmoil between the DeCSS who produced a source code as well as an established program and the Digital Millennium Copyright Act who supported Motion Picture Association of America. DeCSS is a tool that grants the circumvention of encryption built in DVDs. This paper will examine the outcome of the court decision on a range of problems including the source code being utilized as free speech, fair use, and HTML linking. As of 1998...

Words: 3030 - Pages: 13

Premium Essay

Constitutions

...organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.[6] Constitution of the Philippines From Wikipedia, the free encyclopedia Constitution of the Philippines Created October 15, 1986 Ratified February 2, 1987 Location Legislative Archives of the House of Representatives,...

Words: 16003 - Pages: 65

Premium Essay

America

...shape my thinking and shape my beliefs (might be a bad thing, but I’m liking the freedom it’s given my mind). It’s given me a power I never truly felt before, the power to live a free life and the power to question. I always felt I lived a rather free life, I mean, we live in a free country right? Freedom to speak, to write, to get a job, to fail? I even felt I fought for these freedoms; I served four years as an Infantryman in the US Army, I swore an oath, I should be free. It was not until a couple years after I got out of the Army that I really started to feel enslaved, betrayed, and disgusted. I knew that there had to be something more to life. It was during this time that a friend of mine who was feeling the same as I, showed me an essay...

Words: 2478 - Pages: 10

Premium Essay

5 Steps to a 5 Ap English Langauge

...Copyright © 2013 by McGraw-Hill Education. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. ISBN: 978-0-07-180360-1 MHID: 0-07-180360-2 The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-180359-5, MHID: 0-07180359-9. E-book conversion by Codemantra Version 1.0 All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill Education eBooks are available at special quantity discounts to use as premiums and sales promotions or for use in corporate training programs. To contact a representative please visit the Contact Us page at www.mhprofessional.com. Trademarks: McGraw-Hill Education, the McGraw-Hill Education logo, 5 Steps to a 5 and related trade dress are trademarks or registered trademarks of McGraw-Hill Education and/or its affiliates in the United States and other countries and may not be used without written permission. All other trademarks are the property...

Words: 76988 - Pages: 308

Premium Essay

Con Law

...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...

Words: 52904 - Pages: 212

Premium Essay

Cybercrime Law

...Cyber crimes essay THE INFORMATION TECHNOLOGY ACT AMENDMENT OF 2008 Cyber law, in a general sense, has been envisaged as a term that encapsulates the legal issues related to the use of communicative, transactional, and distributive aspects of networked information devices and technologies. And the crimes against these issues are termed as cyber crime Cyber law and cyber crime Cyber crime spans not only state and national boundaries, but the international boundaries as well. At the Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders, in a workshop devoted to the issues of crimes related to computer networks, cybercrime was broken into two categories and defined thus: * In a narrow sense, the term cyber crime has been defined as any illegal behavior directed by means of electronic operations that target the security of computer systems and the data processed by them. * In the broader sense, cyber crime has been defined as any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession [and] offering or distributing information by means of a computer system or network. The extent of cyber crime is so vast and complicated that an act which may be crime in one nation may not be so in another. Some of the basic examples of cyber crime are unauthorized access, damage to computer data and program, computer sabotage, unauthorized interception of communications, computer...

Words: 5688 - Pages: 23

Premium Essay

Precedents

...RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors Relevant to Beneficial Precedent Rules .............................................. 41 The Contrast with Other Approaches to Precedent ......................................... 44 Applying the Approach to Previous Supreme Court Overruling Decisions ... 48 THE NORMATIVE THEORY OF PRECEDENT .................................................................. 27 CONCLUSION...

Words: 28150 - Pages: 113

Premium Essay

Business

...Introduction This report will be based on the following which is the process when making an act of parliament the different stages they have to go through when a new law is being brought out and also the rules of statutory interpretation. For the merit, the methods of law making will be compared and contrasted and also the applying the rules of statutory interpretation. For the final part of this report, the role of the Judiciary in the formulation and interpretation of legal rules. How (most) laws are made * Most new laws passed by Parliament result from proposals made by the government. * Proposals aim to shape society or address specific problems. * Normally, they ‘re created over a period of time An issue or problem emerges on the government's agenda Originally, a government's plan is well-informed by the general election. Politician parties compete for support from British voters by campaigning on their view for the country and how they would make things better for the UK and change things. The political party which wins the election then forms the government, and bases its legislative agenda on its election manifesto. But, where no single political party decisively wins the election - as happened in 2010 - two or more parties may form an alliance government. They might have to negotiate a joint vision and agree on which new laws to champion in the future of the parliament. Once in government, other events and effects also compete for ministers' attention...

Words: 3301 - Pages: 14

Premium Essay

Abortion Essay Thomson Article

...A Regrettably Inadequate Defence of Abortion This essay shall examine and critique Judith Jarvis Thomson’s analogy of the sickly violinist, as it relates to the moral permissibility of abortion. I shall conclude that the analogy is ultimately too dissimilar from a general case of abortion to be an accurate representation of the mother-foetus relationship. I will further conclude that at best the analogy only provides justification for abortion in cases of rape, and when a developing foetus becomes a threat to the mother’s life. The Impermissibility Argument Much of the debate concerning the permissibility of abortion surrounds the notion of ‘personhood’, specifically whether a developing foetus qualifies as such a being. Opponents of abortion expend much energy arguing for the conferring of personhood to the moment of conception, whilst the proponents argue this would be a misclassification. One would not call a pinecone a pine tree; to label a foetus as a person is similarly inappropriate (Thomson: Page 47). Thomson argues this tact distracts from the primary concern of abortion, for even if one grants that a foetus is a person, one’s work is still ahead of them to argue against the permissibility of abortion (Thomson: Page 48). The argument runs as follows: P1: As a person, the foetus has the right to life. P2: As a person, the woman has the right of autonomy concerning her own body. P3: The right to life is more important than the right to autonomy over one’s...

Words: 2794 - Pages: 12

Premium Essay

The Bible: Revelation and Authortiy

...Institute for Christian Teaching THE BIBLE: REVELATION AND AUTHORITY Richard M. Davidson 402-00 Institute for Christian Teaching 12501 Old Columbia Pike Silver Spring, MD 20904 USA Symposium on the Bible and Adventist Scholarship Juan Dolio, Dominican Republic March 19-26, 2000 Page 1 of 33THE BIBLE: REVELATION AND AUTHORITY 3/2/2014http://fae.adventist.org/essays/26Bcc_017 -055.htm Introduction I have not always held the view of Scriptural revelation and authority that I now maintain. Having journeyed through a different perspective on the revelation/authority of Scripture and then returning to the position that I now hold, I am convinced that this issue is basic to all other issues in the church. The destiny of our church depends on how its members regard the revelation and authority of the Bible. In the following pages I have summarized the biblical self-testimony on its revelation and authority. The major focus of the paper is biblical authority, but a short statement concerning revelation-inspiration-illumination introduces the subject, and other biblical testimony on the nature of revelation is subsumed under the discussion of biblical authority. The paper also includes a brief historical treatment of the Enlightenment and post-Enlightenment understandings of biblical revelation/authority and an analysis and critique of their basic presuppositions in light of Scripture. Following the conclusion, a selected bibliography of sources cited and other...

Words: 13573 - Pages: 55

Premium Essay

Essay

...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...

Words: 25170 - Pages: 101

Premium Essay

Understanding Ways of Using Motivational Theories and the Mechanisms for Developing Teamwork in Organisations

...------------------------------------------------- Organisations & bEhaviour UNDERSTANDING WAYS OF USING MOTIVATIONAL THEORIES AND THE MECHANISMS FOR DEVELOPING TEAMWORK IN ORGANISATIONS Contents Terms of reference 2 Procedure of method 2 Identify ways of improving motivation 2 Identify ways of developing effective teamwork 4 Identify and discuss factors that may promote or inhibit effective teamwork 6 Links between culture, management style and organisational objectives and the impact of the organisations structure, culture and leadership style have on the performance at Tesco. 9 References 11 Identify ways of improving motivation Tesco recognises that employee motivation is important for the continued growth of the company. Tesco could get employees do a survey every yearly which would give them the chance to express their views and opinions on almost every aspect of their job. The results from the survey could help Tesco make sure it is offering the right things to its staff to keep them motivated. Employees at Tesco want to be recognised when they are doing some well. This will help motivate them and they will also feel appreciated. It could be something as little as employers saying ‘Thank you’. BPP Learning Media, (2010)” Motivation is the process by which the behaviour of an individual is influenced by others, through their power to offer or withhold satisfaction of the individual’s needs and goals.” George n, root I (2012) states “Workplace...

Words: 4798 - Pages: 20