An analysis of second amendment from united states constitution
This provision seemed to your committee to be necessary, because they had observed that, before these midnight marauders made attacks upon peaceful citizens there were very many instances in the South where the sheriff of the county had preceded them and taken away the arms of their victims.
Why was the second amendment created
It is here that they converge and contest. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for the common liberties and united and conducted by governments possessing their affections and confidence. It is therefore only restrictive of the powers of the Federal Government. The pro-gun side echoes this claim of textual determinism. According to Sir William Blackstone , "The The Constitutional Convention therefore decided that the federal government should have almost unfettered authority to establish peacetime standing armies and to regulate the militia. The heart of the Third Circuit's holding is that it was entirely reasonable for Congress to prohibit the receipt of weapons from interstate transactions by persons who have previously by due process of law been shown to be aggressors against society and that this classification did not infringe upon the preservation of the well-regulated militia protected by the Second Amendment. The First Circuit failed to consider the unambiguous wording of the Second Amendment in reaching its conclusion. London: Dent. Thus, the Supreme Court has revitalized the Second Amendment. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States. Their genius is institutionally lauded and their words are all but final. It was thought that a nation with a facility such as this could never be subjugated or oppressed. Wherever standing armies are kept up, and when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.
Although the structure of the Second Amendment is unique in our Constitution, other legal documents of the founding era, particularly individual-rights provisions of State Constitutions, commonly included a prefatory statement of purpose. Many in the Founding generation believed that governments are prone to use soldiers to oppress the people.
In addition to the prevention of aggression from domestic tyranny or foreign invasion, individual possession of arms functioned to provide a basic means of self-defense, as well as of subsistence for hunters.
Since, of the ten remaining, Amendments 1 and 3 through 10 have repeatedly been held to secure fundamental individual rights, it is logical that the Second Amendment also secures a fundamental individual right. It is discussed in reverential tones that suggest it is something prized beyond all in the pantheon of national symbols and artefacts.
Democracy in America. Moreover, in colonial times pistols saw considerable service as a personal weapon. State, 13 Tenn. Although he based the incorporation on the Privileges and Immunities Clause and not the Due Process Clause as have subsequent courts of selective incorporation, Rep.
based on 71 review