Second Amendment Research Paper

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http://www.livescience.com/26485-second-amendment.html Reference: The Second Amendment & the Right to Bear Arms Chad Brooks, LiveScience Contributor | January 22, 2013 02:48pm ET At the center of the gun control debate, few things are as hotly disputed in the United States as the Constitution's Second Amendment. History of the Second Amendment The Second Amendment provides U.S. citizens the right to bear arms. Ratified in December 1791, the amendment says: 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. James Madison originally proposed the Second Amendment shortly after the Constitution was officially ratified as a way to provide…show more content…
Recall that the Second Amendment provides: “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.” He notes that individuals have “rights” and states have “powers.” The language “the right,” indicates that the right is a pre-existing (natural law) right, not one granted by the government. As the federal militia act suggests, the “militia” is composed of only one part of the “people.” The words “right of the people” are also used in the First, Fourth and Ninth Amendments. In those Amendments, the word clearly refers to individual rights, not rights that can only be exercised in some collective fashion. The First Amendment “right of the people peaceably to assemble and to petition the government for redress of grievances,” is not to the contrary. Individuals “assemble.” This is an individual right to engage in a collective activity. Further the Tenth Amendment uses both the term “people” and “states” in the same sentence. If the two were synonymous, the Framers would not have used both terms. The word “bear” in conjunction with “arms,” was not limited to military purposes. At that time, “a well-regulated militia” meant one in which the individuals provided their own arms but were subject to training and…show more content…
The antiquity of the right is so great that it is all but impossible to document its actual beginning. It is fairly clear that its origin lay in the customs of Germanic tribes, under which arms bearing was a right and a duty of free men; in fact, the ceremony for giving freedom to a slave required that the former slave be presented with the armament of a free man.[4] He then acquired the duty to serve in an equivalent of a citizen army. These customs were brought into England by the earliest Saxons. The first mention of the citizen army, or the "fyrd" is found in documents dating to 690 A.D., but scholars have concluded that the duty to serve in such with personal armament "is older than our oldest records." (Not knowing of the earlier records, 18th century legal historians including the great Blackstone attributed the origin of the English system to Alfred the Great, who ruled in the late 9th century A.D.)[5] This viewpoint of individual armament and duty differed greatly from the feudal system which were coming into existence in Europe. The feudal system presupposed that the vast bulk of fighting duties would fall to a small warrior caste, composed primarily of the mounted knight. These individuals held the primary political and military power. Thus peasant armament was a threat to the political status quo. In England, on the other hand, a system evolved
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