An analysis of the second amendment if the us constitution on right to arms

Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. Scholars have come to call this theory "the collective rights theory.

An analysis of the second amendment if the us constitution on right to arms

This quote from the Journals of the Continental Congress, also conveys the meaning of well regulated: ResolvedThat this appointment be conferred on experienced and vigilant general officers, who are acquainted with whatever relates to the general economy, manoeuvres and discipline of a well regulated army.

In the passage that follows, do you think the U. That the strength of the Wabash Indians who were principally the object of the resolve of the 21st of Julyand the strength of the Creek Indians is very different. That the said Creeks are not only greatly superior in numbers but are more united, better regulated, and headed by a man whose talents appear to have fixed him in their confidence.

That from the view of the object your Secretary has been able to take he conceives that the only effectual mode of acting against the said Creeks in case they should persist in their hostilities would be by making an invasion of their country with a powerful body of well regulated troops always ready to combat and able to defeat any combination of force the said Creeks could oppose and to destroy their towns and provisions.

I am unacquainted with the extent of your works, and consequently ignorant of the number or men necessary to man them. If your present numbers should be insufficient for that purpose, I would then by all means advise your making up the deficiency out of the best regulated militia that can be got.

For brevity the entire passage is not shown and this quote should not be construed to imply Washington favored militias, in fact he thought little of them, as the full passage indicates. I am convinced it would be Attended by considerable desertions.

An analysis of the second amendment if the us constitution on right to arms

And perhaps raise a Spirit of Discontent not easily Queld amongst the best regulated troops, but much more so amongst men unused to the Yoak of Military Discipline. Adam Stephen, Oct 8,pp. One of the Seamen that had formerly made a Greenland Voyage for Whale-Fishing, told us that in that country he had seen very great Troops of those Sea-Horses ranging upon Land, sometimes three or four hundred in a Troop: That description fits most closely with the "to put in good order" definition supplied by the Random House dictionary.

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Considering the adjective "well" and the context of the militia clause, which is more likely to ensure the security of a free state, a militia governed by numerous laws or the proper amount of regulation [depending on the meaning of "well"] or a well-disciplined and trained militia? This brief textual analysis also suggests "to put in good order" is the correct interpretation of well regulated, signifying a well disciplined, trained, and functioning militia.

And finally, when regulated is used as an adjective, its meaning varies depending on the noun its modifying and of course the context. This is by no means unusual, just as the word, bear, conveys a different meaning depending on the word it modifies: The People As ample evidence illustrates below, the people, as referred to in the Constitution at the time it was written, was synonymous with citizens.

Also shown below, some scholars mistakenly assume that when the Constitution refers to "the people," a collective right or entity is referenced. However, that notion is incorrect. When the term "the people" is used, it could be referring to a right that is exercised individually, collectively, or both, depending on context.switch to the US edition The right to bear arms: what does the second amendment really mean?

“Americans have been thinking about the second amendment as an individual right for. The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances.

While the Second Amendment identifies an individual right, it does so with a public purpose in mind.

An analysis of the second amendment if the us constitution on right to arms

the courts of just what right the Second Amendment protects. The opposing theories, perhaps oversimplified, are an ‘‘individual rights’’ thesis whereby individuals are protected in ownership, pos- 2nd Amendment US Constitution--Bearing Arms.

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Meaning of the words in the Second Amendment

Roxanne Dunbar-Ortiz's Loaded is like a blast of fresh air. She is no fan of guns or of our absurdly permissive laws surrounding them. But she does not merely take the liberal side of the familiar debate.

The Second Amendment of the United States allows: "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.".

First Amendment to the United States Constitution - Wikipedia