Abigail Asibey

How the amendment is written in the constituion

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.

Historical background of the amendment

Private gun ownership has been part of American culture since Great Britain sent settlers to North America in the early 1600's. It was British policy not only to allow its colonies to keep fire arms but also to encourage them to do so in order to protect themselves in anticipated conflicts with Native Americans, French forces, or during slave revolts. As a result, militia staffed and controlled by colonists provided the bulk of the colonies defenses for decades.

Supreme Court Case

United States V. Lopez

The supreme court ruled that congress had gone too far in using the commerce clause to pull the Gun-Free School Zone Acts of 1990. The act sought to control firearms and curtail armed violence in and around schools. Congress used its commerce clause power to ban any individual from possessing " a firearm at a place that [he] knows ... is a school zone. "

supreme Court Case cont.

Courts Decision

The Supreme Court ruled that the act " had nothing to do with commerce or any sort of economic enterprise" and , therefore , was outside Congress's power to enforce. Any such restrictions on guns in school zones therefore were left to the states.

Citation:"Second Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Gale Virtual Reference Library. Web. 9 Dec. 2015.