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Bear Arms Essay Questions

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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 …show more content…
Has the Second Amendment undergone the Incorporation process? If not, why not? The incorporation analysis asks whether the protections provided for in the first eight amendments of the Bill of Rights apply to state governments in the same manner that they directly apply to the federal government. “Over 100 years ago, the Supreme Court held in United States v. Cruikshank that the Second Amendment does not act as a constraint upon state law. In its brief treatment of the Second Amendment, the Court in Cruikshank stated that it is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. Furthermore, it held that this is one of the amendments that has no other effect than to restrict the powers of the national government. This holding was reaffirmed in Presser v. Illinois. In Presser, it is interesting to note that the Court further commented that because “all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the States,” the “States cannot, even laying the constitutional provision [aside], prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government.” (Chu,

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