Homework Question on Second Amendment
- This last essay question pertains to the 2nd Amendment. Even though this Amendment continues to be reviewed in cases before the Supreme Court, there still seems to be little to no definitive decision by the courts of what is specifically included in right the Second Amendment protects.
- Discuss fully the two main sides of this debate. What are two perspectives as to what the 2nd Amendment protects and what evidence/ arguments do those two sides make to support their stance.
- What stance do you find most convincing and why?
- Be sure to back up your discussion with references listed in Bluebook format.
- Note that your answer should contain at least 350 words.
Homework Answer on Second Amendment
According to the US constitution, the Amendment II is to offer protection to the rights of the citizens to maintain and bear arms. This Amendment was applied initially in 1791, on 15th December. According to the Supreme Court, the people have unlimited rights and the modification has not limited directives of firearms. The supreme government therefore limits the state governments from infringing the rights of the public.
This Amendment was to maintain the protection of the arms hence its nature was thus perceived for self-defense, civic duty and protection against oppression. According to the case results The United States v. Miller in 1939 the ruling stated that the government of all forms were in a position to limit the application of all types of weaponry whose existence were not related to regulated militia. The court has however supported the Amendment in various cases supporting their stand with the incorporation doctrine, Virginia ratifying convention, 1788.
Opposition has risen from other quarters affirming that the Amendment was not granted by the constitution, and thus limited in its application. Other rulings have affirmed that the Fourteenth Amendment besides applies the Amendment in the same limits at the federal and at the state levels. The case McDonald v. City of Chicago (08-1521) has challenged the court’s ruling on the issue of the ban.