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  • Why was the Second Amendment written?

    Mason U. Civ. RTS. L.J. 18: 167, 176. Advocates of the collective theories posit that the Second Amendment was written out of fear that the new central government would disarm state militias needed for local defense. Under any sort of collective theory, the government could completely ban all firearm ownership whatsoever.

  • What does the Second Amendment say about a militia?

    The text of the Second Amendment reads in full: “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.” The framers of the Bill of Rights adapted the wording of the amendment from nearly identical clauses in some of the original 13 state constitutions.

  • Where can I find a book about the Second Amendment?

    The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms. New York: The New Press. ISBN 1565846990.

Right to Bear Arms

The text of the Second Amendment reads in full: “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.” The framers of the Bill of Rightsadapted the wording of the amendment from nearly identical clauses in some of the original 13 state constitutions. During

State Militias

But as militias had proved insufficient against the British, the Constitutional Conventiongave the new federal government the power to establish a standing army, even in peacetime. However, opponents of a strong central government (known as Anti-Federalists) argued that this federal army deprived states of their ability to defend themselves against

Well-Regulated Militia

Practically since its ratification, Americans have debated the meaning of the Second Amendment, with vehement arguments being made on both sides. The crux of the debate is whether the amendment protects the right of private individuals to keep and bear arms, or whether it instead protects a collective right that should be exercised only through for

District of Columbia v. Heller

Since the passage of the Brady Handgun Violence Prevention Act, which mandated background checks for gun purchases from licensed dealers, the debate on gun control has changed dramatically. This is partially due to the actions of the Supreme Court, which departed from its past stance on the Second Amendment with its verdicts in two major cases, Dis

Mcdonald v. Chicago

Two years later, in McDonald v. Chicago, the Supreme Court struck down (also in a 5-4 decision) a similar citywide handgun ban, ruling that the Second Amendment applies to the states as well as to the federal government. In the majority ruling in that case, Justice Samuel Alito wrote: “Self-defense is a basic right, recognized by many legal systems

Gun Control Debate

The Supreme Court’s narrow rulings in the Heller and McDonaldcases left open many key issues in the gun control debate. In the Hellerdecision, the Court suggested a list of “presumptively lawful” regulations, including bans on possession of firearms by felons and the mentally ill; bans on carrying arms in schools and government buildings; restricti

Mass Shootings

Since that verdict, as lower courts battle back and forth on cases involving such restrictions, the public debate over Second Amendment rights and gun control remains very much open, even as mass shootings became an increasingly frequentoccurrence in American life. To take just three examples, the Columbine Shooting, where two teens killed 13 peopl

Sources

Bill of Rights, The Oxford Guide to the United States Government. Jack Rakove, ed. The Annotated U.S. Constitution and Declaration of Independence. Amendment II, National Constitution Center. The Second Amendment and the Right to Bear Arms, LiveScience. Second Amendment, Legal Information Institute. history.com

The Second Amendment  The National Constitution Center  US government and civics  Khan Academy

The Second Amendment The National Constitution Center US government and civics Khan Academy

The Second Amendment  National Constitution Center  Khan Academy

The Second Amendment National Constitution Center Khan Academy

Second Amendment (High School/College)

Second Amendment (High School/College)

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