2nd Amendment

By: Alex Lynch

The 2nd amendment

The second amendment states,"A well regulated Militia, being necessary to the security of a free state, the right to the people to keep and bear arms, shall not be infringed.''

That basically means that the people of the United States have the rights to own a gun if we want to and the government doesn't have a right to take it away from you.

Description of the Amendment

The federalists argued that, and I quote,"Because the Constitution did not give the federal government power to validate individual freedom, such guarantees were unnecessary. But many anti Federalists disagreed that unless individual freedoms were protected, the government wouldn't be able to resist using its power to violate them."

Supreme Court Case

United Stares v. Miller (1934)

"Congress believed that the commerce clause of the Constitution gave it the power to regulate interstate transportation of weapons. The commerce clause states that Congress has the power to regulate Commerce with foreign actions, among the several states, and with the Indian tribes" The defendant in United states v. Miller were Jack Miller and Frank Layton.

The U.S Supreme Court anonymously upheld the constitution of the National Firearms act of 1934, with regard the Second amendment, the court ruled that the amendment applied only to the actions of the federal government. According to the decision, nothing in the second amendment precincts state and local governments from passing laws.

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Source Citation (MLA 7th Edition)

"Second Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Gale Virtual Reference Library. Web. 11 Dec. 2015.