An analysis of the constitutional rights in the second amendment in the united states

It establishes a few minimum requirements, like a year-old age limit, and establishes that the people themselves will elect the members for two years each. Many in the Founding generation believed that governments are prone to use soldiers to oppress the people.

While it did not override earlier restrictions on the ownership of guns for hunting, it is subject to the parliamentary right to implicitly or explicitly repeal earlier enactments. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

Furthermore, eighteenth century civilians routinely kept at home the very same weapons they would need if called to serve in the militia, while modern soldiers are equipped with weapons that differ significantly from those generally thought appropriate for civilian uses.

Supreme Court revisited the issue in the case of District of Columbia v. In opposition, the British forces consisted of a mixture of the standing British ArmyLoyalist militia and Hessian mercenaries.

Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression. The onset of war does not always allow time to raise and train an army, and the Revolutionary War showed that militia forces could not be relied on for national defense.

Second Amendment to the United States Constitution

Section 2 guarantees that citizens of one state be treated equally and fairly like all citizens of another. This prohibition was designed to keep electors from voting for two " favorite sons " of their respective states. First, it guarantees that the United States under the Constitution would assume all debts and contracts entered into by the United States under the Articles of Confederation.

Section 4 says that each state may establish its own methods for electing members of the Congress, and mandates, or requires, that Congress must meet at least once per year. Quinlan have stated that James Madison "did not invent the right to keep and bear arms when he drafted the Second Amendment; the right was pre-existing at both common law and in the early state constitutions.

It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers. The two people chosen by the elector could not both inhabit the same state as that elector. First, that the proposed new Constitution gave the federal government almost total legal authority over the army and militia.

Mark Thompson wrote that, apart from determining the succession, the English Bill of Rights did "little more than set forth certain points of existing laws and simply secured to Englishmen the rights of which they were already posessed [ sic ].

Section 6 establishes that members of Congress will be paid, that they cannot be detained while traveling to and from Congress, that they cannot hold any other office in the government while in the Congress. The latter issue was addressed in McDonald v.

Senate, where he was instrumental in bringing the designation amendment to Congress. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.

Section 2 gives the President some important powers. Section 1 establishes the office of the President and the Vice-President, and sets their terms to be four years. Supreme Court revisited the issue in the case of District of Columbia v.

In essence, the states balanced the power of the people. As defiance and opposition to British rule developed, a distrust of these Loyalists in the militia became widespread among the colonists, known as Patriotswho favored independence from British rule.

After Matthew Lyon of Kentucky denounced any reference to the three-fifths clause as mere provocation, the House easily passed the resolution on October Although there is substantial evidence that the Privileges or Immunities Clause of the Fourteenth Amendment was meant to protect the right of individuals to keep and bear arms from infringement by the states, the Supreme Court rejected this interpretation in United States v.

The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the. Mar 28,  · The Second Amendment to the United States Constitution is a part of the Bill of Rights that guarantees the right of the people to keep and bear arms.

This amendment, adopted on December 15, along with the rest of the Bill of Rights was created or several reasons. Overview.

US Constitution Annotated

On June 26,in District of Columbia (PDF), the United States Supreme Court issued its first decision since interpreting the Second Amendment to the United States Constitution. The Court ruled that the Second Amendment to the U.S.

Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for.

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic.

An analysis of the constitutional rights in the second amendment in the united states
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