...Contrary to the English thought, who were colonizers of America who believed that there would be a unified, paid-for military force capable of defending and protecting the country from external danger, the founding fathers of America believed that people would possess weapons that they could later benefit from and unite with other security forces in the event of exposure the country to any external aggression. Therefore, the Founding Fathers of America justified the legal article known as the Second Amendment in that its purpose was to facilitate national defense, protect the rights of people to self-defense, reverse historical experiences, balance power between the government and people, and offer a means of resisting dictatorship. Additionally,...
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...Challenging the Second Amendment The second amendment in the Constitution states, “…the right of the people to keep and bear arms, shall not be infringed.” This amendment has become a controversial topic in the U.S. Many people support this amendment, arguing that it allows people to protect themselves. However, others disagree with this claim because guns are a safety issue themselves. I challenge the second amendment because presented by allowing guns outweigh the potential safety they provide. The founders of America created the second amendment to protect colonists in a time of war. These people had no other choices than to fight or be enslaved under the monarchy of Britain. Their situation encouraged the creation of the right to bear...
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...Was the Second Amendment Designed to Protect an Individual’s Right to Own Guns? People have a lot of different views of if the Second Amendment really was designed to protect an individual’s right to own guns. Robert Shalhope believes that the Second Amendment helped Americans to own guns so that they could maintain freedom and liberty. Lawrence Delbert on the other hand believes that the second amendment was made just for “well-regulated militia.” The well-regulated militia in our day and age would be more like cops or the armed forces, anybody protecting over the people of America. The Second Amendment can be interpreted in a lot of different ways. These two authors have two opposite views on the Second Amendment and what it says. Each...
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...On December 15, 1791, the Bill of Rights was adopted after having been ratified by three-fourths of the states. The Bill of Rights is the first ten amendments of the Constitution. The second amendment out of the ten that were ratified states that "...the right of the people to keep and bear arms, shall not be infringed". The second amendment primarily protects the rights of gun owners and allows people to legally own firearms. There have been many discussions and arguments about majority of the Constitution but none have ever been debated back and forth as much as the second amendment has in recent years. One side of the argument is that firearms that are produced and sold to the civilian market aren't covered by the second amendment due to the fact that when the second amendment was passed there were't firearms such as AR-15's, Glocks, so on and so forth. That side of the argument often tries to attack the second amendment by trying to pass stricter gun laws or by trying to completely repeal the second amendment. On the other hand however, many people believe that laws regarding the second amendment are sufficient enough or too strict as is. The second amendment was introduced to protect the people. It was not just some law to allow people to simply just own firearms but it was instituted to keep...
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...people to either push for gun-control, or fight against it. Needless to say, gun-control is a very controversial topic here in America. Actions should certainly be taken to keep guns out of the wrong hands. Unfortunately, gun-control wouldn’t really ensure that guns will be kept out out of harmful hands, seen as it seems like an unreachable goal. Many of the gun-control laws being proposed are intended to decrease gun related tragedies. One of Obama’s gun control proposal requires background checks for all gun sales and strengthens the background check system. Another proposal would ban military-style assault weapons and limit magazines to a capacity of 10 rounds. Banning high-capacity magazines would prevent incidents like the one in Aurora where a gunman was able to shoot seventy people in...
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...District of Columbia. He felt that his 2nd amendment rights were being violated and sued the District of Columbia. This then went to the District court where Heller lost and then the case went to the Court of Appeals where Heller won, and then went to the highest court possible the Supreme Court. Throughout the battle the 2nd amendment is interpreted in many ways, more specifically the term “right to bear arms” and the actual meaning behind is the main controversy through this Supreme Court Case. The trial ended up taking about 4 months and Heller eventually won the case....
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...Case for the Second Amendment The second amendment frequently finds itself under attack on many fronts. Some of these attacks are rooted in fear, others in ignorance, but in all cases they must be defeated in order to insure the continued existence of freedom and liberty within our country. The second amendment must not be infringed upon, or our nation shall fall as democracies always do; to the sound of thunderous applause. When does the constitution stop and state law begin? The tenth amendment provides in clear language that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.“ What does this mean exactly? In its most basic form, the language states that if the constitution provides for something as an inalienable right, then the states have no power to step on it. Therefore, as the second 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.” So, with the double stack of the tenth amendment providing that the states cannot overrule the Constitution, and with the second amendment being notable here for it being the only use of the phrase “being necessary” in the entire constitution, any argument that the founding fathers “didn't mean it like that” becomes completely invalid. Another common attack against the second amendment is a perceived...
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...Surrounding the Proposed Firearms Legislation One of the most contentious political debates currently embroiling the United States and its legislative bodies is Senate Amendment 715 To protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm are listed in the National Instant Criminal Background Check System, and provide a responsible and consistent background check process co-sponsored by Democrat Senator Joe Manchin and Republican Senator Pat Toomey. The essential purpose this amendment intended to address is strengthen the procedures utilized when purchasing firearms from private citizens. However, there were several addendums included within the amendment that ultimately led to it not obtaining the prerequisite sixty votes required to achieve cloture on April 17, 2013. To understand the rationale of why Senate Amendment 715 did not receive the sixty vital cloture votes necessary, an examination of the manipulation and spin mass media sources employed must be undertaken. Throughout this debate, it seems like the typical arguments in favor of and against remained from the identical organizations that spawned them in the past. It is worth noting, there were a small number of new pro firearms control organizations created to try an ensure victory for this amendment. In an attempt to further dominate the information campaign, dispatches were also sent out form the Democratic National Committee, the Republican National Committee...
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...Final Project: Persuasive Research Paper ENG102 March 30, 2014 The finality of misuse of a firearm sometimes ends up in catastrophic injury or death which pulls at the heart strings of almost all Americans. Many choose to use them for sport or recreation while others use them as a way of furthering their criminal actions. In turn there are many that feel it is their legally protected right to own firearms and enjoy their recreational uses. Due to the multiple conflicting arguments for and against the owning of guns many turn to powers above themselves such as the government to regulate gun use. When a cause that is so vast in the distance between its’ opposing sides we must ponder, does legislation for or against gun control really obtain its intended effect. In a literal sense, gun control and legislation does not have enough effect on overall crime rate to be the number one focus in the reduction of crime. The debate on gun control is an ongoing battle which has continued to span many decades. Some feel they need more gun laws to protect us while others feel that they need more guns in our possession to protect us. There has been very limited data available to determine whether gun laws or guns themselves that positively impact crime statistics. There is a school of thought that states that have passed conceal to carry laws would lower crime rates. Over the last twenty years there have been 10 states to pass new CCW laws. Oddly enough the intended overall impact...
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...The Second Amendment of the United States Constitution reads: "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." Such language has created considerable debate regarding the Amendment's intended meaning. For example, some people believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from banning or prohibiting the owning of firearms, or at the very least, the Amendment indirectly states that getting rid of or restricting citizens who own these types of weapons is unconstitutional. On the other hand, some scholars believe that because of...
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...Senior Research Project: Is the right to bear arms ethical? Lucas Van Duyn Senior Seminar: Business Ethics Dr. Jewe July 31, 2012 Introduction to the Project: In the United States, research into firearms and violent crime is fraught with difficulties, associated with limited data on gun ownership and use, firearms markets, and aggregation of crime data. Research studies into gun violence have primarily taken one of two approaches: case-control studies and social ecology. Gun ownership is usually determined through surveys, proxy variables, and sometimes with production and import figures. In statistical analysis of homicides and other types of crime, which are rare events, these data tend to have poison distributions, which also presents methodological challenges to researchers. (Just Facts, 2010) Americans own an estimated 270 million firearms, approximately 90 guns for every 100 people. In 2009, guns took the lives of 31,347 Americans in homicides, suicides and unintentional shootings. This is the equivalent of more than 85 deaths each day and more than three deaths each hour. 66,769 Americans were treated in hospital emergency departments for non-fatal gunshot wounds in 2009. Firearms were the third-leading cause of injury-related deaths nationwide in 2009, following poisoning and motor vehicle accidents. Between 1955 and 1975, the Vietnam War killed over 58,000 American soldiers – less than the number of civilians killed with guns in the U.S. in an average...
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...have the right to violate first and fourth amendment rights by requesting access of students’ Facebook accounts? The position that is being taken is no, it is against the first and fourth amendment rights for schools to access students’ Facebook accounts. The different views of this argument include the schools system’s side and the students’ side. Students believe that they are entitled to first and fourth amendment rights within the school. The school is violating the first and fourth amendments by requiring a Facebook password from the student in many cases. For example, a student is in trouble when writing on their profile and their opinion doesn’t match what the school views as appropriate. The school would then then punish the student and also require that the student provides a facebook password to access their personal account. The school’s side, which includes the faculty, principal and school administration, believes that students do not have full first and fourth amendment rights when on school property. A student then loses the rights associated with freedom of speech, press, assembly, and search and seizure in many cases. An examination of recent court cases and articles that contribute to the argument will be mentioned, including surveys and interviews of a sample of the student population at Eastern Michigan University to provide arguments and counterarguments that indicate that schools violate the first and fourth amendment when schools request access of students’...
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...John and Mary Doe, a couple that had offered their services in a previous abortion case, approached Coffee and Weddington who quickly included them in the case. Coffee and Wellington made a perfect couple of lawyers to head up the fight against the District Attorney of Texas, Henry Wade. Henry Wade chose one of his most capable lawyers, John Tolle, to defend him in this suit. Coffee and Weddington went off the argument that, "A woman is guaranteed the right to an abortion by her constitutional right to privacy. No state could interfere with a woman's decision to have an abortion which was a private matter." They based this on the first, fourth, fifth, eighth, ninth and fourteenth amendments. The first amendment protects a person's right to freedom of speech, which had been violated when a doctor was not aloud to talk to their patient about all forms of treatment. Coffee and Weddington stated that the fourth amendment, which protects a citizen from unreasonable search and seizure, should protect a person from being unlawfully questioned about their contraception. The Fifth Amendment creates privacy around citizens, which are safeguarded and should not be violated by the government. Coffee and Weddington used the eighth amendment, which guards against cruel and unusual punishment, in this case placed...
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...gun. This created conflict with the second amendment in the constitution, which 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.” It can be seen this law D.C. passed violates the constitution due to citizens not being able to have a functional firearm at their home. This caused the case of District of Columbia v. Heller to arise. Dick Anthony Heller, a police officer in D.C., applied for a one-year license that he would use to own a handgun at his place of residence. He was then denied the license. Heller sued D.C. on the account of not upholding his second amendment right. The district court’s response was it was not valid and it was dismissed. It was appealed by Heller and The U.S. Court of Appeals for the District of Columbia decided that making people have...
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...PROVISION: The fourth amendment of the U.S. constitution states that : “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.” STATEMENT OF THE CASE: 1. On the morning of August 22, 2009, the police charged a petition against David Riley, a college student, who was driving his Lexus near his home’s neighborhood of San Diego. The officer who stopped Riley told the petitioner he stopped him for traffic violation, which eventually led to his arrest on weapons charges. He was driving the car with expired license registration tags, as his driver’s license was suspended, police is required to impound the car. Riley was considered to be involved in the shoot on August 2, considering the current situation and moment so separate charges were also issued for shooting on another vehicle, which intension to attempt murder, and...
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