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2nd Amendment Rights. Current Issues In spite of extensive recent discussion
and much legislative action with respect to regulation ...
Gun Control: 2nd Amendment Rights Should not be Infringed. The book titled ...
... Recently, although the Supreme Court has not issued a clear cut ruling on 2nd Amendment
rights, a 1992 decision by the conservative majority stated that ...
... are better than my opponents views, because the 2nd Amendment
in the ... Bill of Rights\ is intended ...
... are better than my opponents views, because the 2nd Amendment
in the ... Bill of Rights\ is intended ...
Submitted by cvaldez78 on April 19, 2006
Category: Social Issues
Words: 1563 | Pages: 7
Views: 297
Popularity Rank: 24,348
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Current Issues
In spite of extensive recent discussion and much legislative action with respect to regulation of the purchase, possession, and transportation of firearms, as well as proposals to substantially curtail ownership of firearms, there is no definitive resolution by the courts of just what right the Second Amendment protects.
United States v. Cruikshank, 92 U.S. 542 (1876) was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment. The Court recognized that the right of the people to keep and bear arms was a right which existed prior to the Constitution when it stated that such a right \"is not a right granted by the Constitution...neither is it in any manner dependent upon that instrument for its existence.\" The Court held, however, that because the right to keep and bear arms existed independent of the Constitution, and the Second Amendment guaranteed only that the right shall not be infringed by Congress, the federal government had no power to punish a violation of the right by a private individual; rather, citizens had \"to look for their protection against any violation by their fellow-citizens\" of their right to keep and bear arms to the police power of the state. The second amendment declares that it shall not be infringed; but this, as has been seen, simply means that it shall not be infringed by Congress.
Presser v. Illinois, 116 U.S. 252 (1886). Although the Supreme Court affirmed the holding in Cruikshank that the Second Amendment, standing alone, applied only to action by the federal government, it nonetheless found the states without power to
infringe upon the right to keep and bear arms, holding that \"the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, as so to deprive the United States of their rightful resource for maintaining the public securety and disable...
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