...The 2nd Amendment of the Constitution addresses the United States militia and the right to bear arms. For many years now, there has been a debate on the true interpretation of the amendment. Many believe it is interpreted as the individual's right to bear arms. These people think that having stronger gun control laws is unconstitutional and violates their 2nd Amendment rights. This is untrue, the 2nd Amendment refers to the state’s militia having the right to bear arms, not the right of any individual. In one year, 2,624 children die from acts of gun violence. 1,591 children are murdered, 853 children commit suicide, and 123 are killed unintentionally (Brady Campaign). But all of these tragedies could have been prevented. The 2nd Amendment states that, “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” (Constitution Center). But in recent years, this amendment has yet to be accurately interpreted. Many believe the 2nd Amendment is speaking only of the right to bear arms and the levels of gun control. Advocates of gun control...
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...security of a free State, the right of the people to keep and bear Arms shall not be infringed.”(2nd amendment, U.S Constitution) The framers of the Constitution wanted to create a government that was governed by the people. They felt the best way to control the government was through “checks” to make sure the government did not have too much power. The founders decided one way to check the government was to allow each citizen the right to bear arms. Originally, Section one; Article eight of the Constitution was written to give the Federal Government power to raise, organize and maintain a militia. This was vital to keeping the freedoms they had secured from Brittan. However, they did not want the Government to have “a standing army” that could impose on the rights of the people. On one side, the government had to be powerful enough to defend the country, but not so powerful that it would infringe on the liberty of the people. The leaders felt by allowing each person the right to bear arms would keep the government in check from imposing its will on the country. After the Constitution was written, the leaders had to convince each state to ratify the Constitution. Many of the states delegates were concerned about giving the central government too much power. The second amendment was one answer to the delegate’s concerns. More than two hundred years after the Constitution was ratified, gun sales have continued to increase over the years. Ammunition is more and more...
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...First 10 Amendments to the Constitution • . 1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2nd Amendment • The 2nd Amendment protects the right to bear arms, which means the right to own a gun. 3rd Amendment • The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” • This means that we cannot be forced to house or quarter soldiers. 4th Amendment • The 4th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason). 5th Amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination) 6th Amendment • The 6th Amendment guarantees...
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...modern era is heavily dependent on the TV as their chief source of information or news about the rest of the world. Since the nations have simultaneous access to the violent new stories that are exaggerated and sensationalized to generate more and more ratings all over the international television channels, newspapers and even the internet, a lot of people have started thinking whether the U.S. Constitutions’ 2nd Amendment is restrictive enough or not. According to a case in the Supreme Court recently, there was an evaluation of the said Amendment and its context. A question needed answering which were whether there were any legitimate restrictions on gun ownership. According to the ruling of the Supreme Court, other Constitutional Amendments and the dangerous times, there are not many legitimate restrictions in the ownership of firearms. Thesis Statement “There are not a lot of legitimate restrictions in ownership of firearms.” Discussion In the Court case of Heller versus District of Columbia (D.C), there are arguments which cover almost all possible aspects of the 2nd Amendment. From the year 1975, Columbian District has put a ban within the residents of D.C’s homes, on the unlocked firearms’ possession. The residents were required by law to store any and all firearms which were permissible in the Columbian District disassembled and unloaded or at least to be fitted with a trigger lock. It might be a problem for the people who are unfamiliar with firearms to figure...
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...Fundamental feature of the constitution of the Fifth Republic The constitution of every country has some special features of its own. If we want to know about the condition of any country, we must have knowledge about the constitution of this country. The constitution of any country is ultimately related to its politics and historical evolution of this country. Constitution is indirectly the picture of a country. Every constitution is the product accumulated material and spiritual circumstances of it’s time. After long time, the Fifth Republic of France has been emerged. There are some important causes behind the decline of the 4th Republic such as errorful parliamentary system, rapid changing of council, weak leadership and so on. The Fourth Republic inherited all those problems which the third Republic was powerless to solve. Ministers in France had rise and fallen almost as rapidly since 1946 as before. So the Fifth Republic was emerged because the Fourth Republic was failed to solve these problems which arise in the France politics and society. According to Dorothy, “The constitution of the Fifth Republic has been described as ‘tailor-made for General de Gaulle, ’Quasi - monarchial, Quasi presidential; a parliamentary empire, unworkable the worst drafted in French constitutional history.’’ A.C. Kapour, “identified two major themes constitute the hub of the entire framework of the constitution; the reconstitution of the authority of the state under the leadership...
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...Defending our Constitutional Right Guns are not the problem. I believe the 2nd Amendment to the United States Constitution should stay the way it is. First of all, the second amendment was written by our Founding Fathers who made it very clear in the Constitution that the the people of the United States have the right to keep and bear arms. Secondly, gun control hasn’t worked in Chicago, one of our nation’s largest cities, so why should gun control even be considered? Finally, using a gun to protect and provide for your family is a necessity. The right to keep and bear arms shall not be infringed. Guns shall not be restricted in the United States of America. In 1789, James Madison said, “A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country,” according to the Tenth Amendment Center. George Mason defined militia as “the whole people, except for a few...
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...control what the constitution said it can control. It also needed the Supreme Court to try to limit the power of the federal government and establish clear boundaries for interstate and intrastate commerce. Also, congress is not allowed to regulate economic activity...
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...University of Asia Pacific ------------------------------------------------- Department of Law and Human Rights Lesson Plan Course Code & Title: | Law 115 : Constitutional Laws of Bangladesh | Semester: | 1st Year 2nd Semester | Teacher: | Azizun Nahar | Office/Room: | Bikolpo Tower (5th floor), House No. , Road no 5/A, Dhanmondi, Dhaka. | Consultation/Contact Time: | Day 1(Sun day) 12.00 A. M to 01.55 P.M. 3.00 P.M. to 4.55 P.M.Day 2( Mon day) A.M. to 12.55 P.M. 2.00 P.M. to 4.55 P.M.Day 3( Tues day) A.M to 10.55 A.M. 3.00 P.M. to 4.55 P.M. Day 4( Wednesday) 11.00 A.M. to 11.55 A.M. 3.00 P.M. to 4.55 P.M.Day 5(Thurs day) 09.00 A.M. to 11.55 A.M. | Email: | a.moonmoon@yahoo.com | Mobile: | 01712-356955 | Course Overview: | The Course on Constitutional Laws of Bangladesh incorporates, within its sovereign domain, the fundamental aspects of constitution, constitutionalism as well as the composition and functioning of various components of Bangladesh as a state. | Course Outline: | Constitutional Laws of Bangladesh emphasizes on basics of constitutional jurisprudence, constitution, role and functioning of state machineries of Bangladesh namely Parliament, Executive & Judiciary. | Course objectives: | The course on Constitutional Laws of Bangladesh intends to help the students understand the premises and periphery of Constitutional Jurisprudence as well as the compostion, functioning of the basic organs of Bangladesh and their role in ensuring...
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...teacher in Colorado. The fundamental question here, is that why are such powerful assault weapons in the hands of civilians? Most Americans are against the possession of assault weapons in the hands of the civilians. Established in 1791, The 2nd Amendment in the Bill of Rights gives citizens the right to bear arms. The founding fathers had intended for American citizens to have the right to bear arms to protect themselves from a tyrannical government regime. Which was a legitimate concern during that time period that does not uphold presently. However, throughout history the American government makes changes to the constitution as the country goes through economic expansion and technological progress. A fine example is the 1965 voting act, which outlawed discriminatory voting. It was indeed a necessary and important act implemented to uphold the ideal of equality among all American citizens. As time and circumstances change, so must the terms and conditions that govern them. Essentially, the interpretation of the constitution must change to some extent. The American society that is being cultivated up to this point in today’s time is morally and practically very different from the society that existed at the time when the constitution was written. Since the violence, division, and threat in today’s American society have most definitely presented new circumstances and challenges in the country. Assault weapons are defined...
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...1. What does the Constitution say about the right to bear arms? The 2nd 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.” 2. The Supreme Court’s position on the Second Amendment is “that individuals have the right to possess a firearm for lawful purposes such as self defense. It has also ruled that local laws banning handguns or requiring guns to be disassembled or locked in the home violate the 2nd amendment”. (Library of Congress) 3. The Brady Law was established 21 years ago when a man named James Brady was shot during an assignation attempt on Ronald Reagan in 1981. After being shot in th head, James Brady spent 30 years...
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...the right to amend the Constitution guaranteed by Article V? Evaluate James Madison’s claim in Federalist 43 that the Constitution “guards equally against the extreme facility which would render the Constitution too mutable, and that extreme difficulty which might perpetuate its discovered faults.” Some critics of the amending process contend that amendments, once proposed, should be submitted to popular vote, bypassing state legislatures. Do you agree or disagree? Why? P1. According to professor Douglas Linder, the delegates assembled in Philadelphia were under no illusions that the constitutional scheme they were struggling to establish was perfect for present circumstances, much less perfect for the future generations of Americans. Jefferson’s letter to James Madison in 1789 included these words: “Every constitution...naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of right.” If we were to take Jefferson’s words literally, we would have to disagree, since it goes hand and hand with the process of the human mind. P2. The framers believed that a flexible constitution would provide the protection needed by a young and somewhat fragile government against revolutionary upheavals. As one delegate said, "The novelty and difficulty of the experiment requires periodical revision.” In order to form a more perfect union under the Preamble, it was necessary to provide a means to keep the Constitution a “living” document. ...
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...issue, the United States Constitution was drafted and implemented across the territories. After the constitution was created, there was immediate pressure from anti-federalists who opposed constitutional ratification. This then gave birth to the Bill of Rights, which was to set limits on the government’s actions in regard to personal liberties. The Bill of rights is a collective name for the first 10 amendments to the United States Constitution. It was introduced by James Madison before the 1st United States Congress and then proposed to congress in September 25, 1789. The amendments were ratified on December 15, 1791 by congress. There originally were twelve amendments proposed, but only ten amendments made the final cut. Over time, amendments had been added totaling twenty-seven. The 10 amendments guaranteed a list of personal freedoms, reserving some powers to the states and public. They also put a limit to the government’s power in judicial and any other proceedings. The 10 original amendments are (1st) Freedom of speech, religion, and right to petition, (2nd) Right to bear arms, (3rd) Protection against quartering troops, (4th) Protection against unreasonable search and seizure, (5th) Rights in criminal cases, (6th) Right to a fair trial, (7th) Rights in civil cases, (8th) Bail, fines, and punishments, (9th) Rights retained by the people, and (10th) states’ rights. The basis and foundation of our criminal justice system are these 10 amendments. They keep structure and...
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...It has been argued that a constitution written in the eighteenth century does not work in the twenty first century. The US constitution is codified as it is written in one place and is the supreme law of the United States. Arguments that support the view that the constitution does not work in the 21st century include it giving too much power to the Supreme Court, some provisions being outdated and the amendment process being too difficult in modern context. The two contrasting views can be summed up in the following quotes. William Gladstone quipped that the constitution was “the most wonderful work ever struck off by the brain and purpose of man” while Ruth Bader Ginsburg stated “I would not look at the US constitution if I was drafting a constitution in the year 2012”. One argument that supports the view that a constitution written in the eighteenth century does not work in the twenty first century is the US constitution handing too much power to the Supreme Court. The Supreme Court has made several controversial and contentious decisions which arguably have weak constitutional foundation in cases such as Citizens United 2010 and Roe vs. Wade in 1973. Because there is no appeals process, these decisions cannot be challenged. There is an amendment process that could overturn these decisions but this is difficult to achieve in modern circumstances. The Supreme Court is an unelected body that is given too much power and can make decisions at the expense of elected representatives...
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...Criminal Procedure Policy Paper Devone Calloway University of Phoenix Criminal Procedure Policy Paper “A due process model is a type of criminal justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards” ("Due Process Model Law," 2001, p. 1). This model involves two aspects which are procedural and substantive. The main focus of the due process model is the power of the government to protect its society with less focus on the individual liberties of the people. Crime control model is a law that refers to a theory of criminal justice which focuses on decreasing the crime in society through increased police and their prosecutorial powers. Since these two models go hand and hand with criminal justice there will be various opinions of the comparisons and the contrasts. Some of the differences amongst the due process model and the crime control model are that people are innocent until proven guilty in the court of law in conjunction with the due process model. This allows for everyone to be able to receive a fair trial. For those who take the crime control model approach believe that people who are arrested, are guilty and are required to receive punishment by the government. Those who believe in the due process model law feel as though that policing within the criminal justice system is vital to maintaining justice amongst the society. For...
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...My Essay on Gun Control for my English Class: Gun Control – Should We, Or Should We Not? The issue of gun control has come up recently as an important decision opportunity for our country. Many people are asking whether guns really are the helpful tool that many of us have been saying they are, or if they are the killing machines they have recently been publicized as. Gun Control: The Great Cop-out by Jared Machaud and Gun Control and the Constitution by David B. Rivkin Jr. and Andrew M. Grossman effectively display the anti-gun control side of this discussion; whereas The Second Amendment is all for Gun Control by Adam Winkler and Making Gun Control Happen by Patrick Radden Keefe display the pro-gun control side. In my views, guns are a helper in a time of crisis when help is too far away, or unwilling to come. Rather than put more restrictions on guns and gun owners, we should maintain the ability to protect ourselves and our fellow Americans through the use of firearms. As we take a look at the way gun control advocates are planning on enforcing gun control, you may start to even question why we would even contemplate using such tedious means. The idea that limiting the size of a magazine or regulating the type of gun you can purchase or even doing something as simple as a background check will stop murders like the Connecticut shooting from happening is ridiculous. In Making Gun Control Happen the author, Patrick Radden Keefe, writes as an advocate to gun control...
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