What is the 2nd amendment of the bill of rights

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what is the 2nd amendment of the bill of rights

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What is the 2nd Amendment of the Bill of Rights?

Scholars have come to call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an.

Second Amendment to the United States Constitution

If you're seeing this message, it means we're having trouble loading external resources on our website. To log in and use all the features of Khan Academy, please enable JavaScript in your browser. The Fifth Amendment - takings clause. Unadopted amendments to the Bill of Rights. Next lesson.

In District of Columbia v. Heller , the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, [6] [7] [8] [9] while also including, as dicta , that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons. The Second Amendment was based partially on the right to keep and bear arms in English common law and was influenced by the English Bill of Rights of Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense and resistance to oppression, and the civic duty to act in concert in defense of the state. Thus all rights enumerated in a Constitution are thus auxiliary in the eyes of Sir William Blackstone because all rights are only as good as the extent they are exercised in fact.

Jump to navigation. The Second Amendment of the United States Constitution reads: "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. On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense. Scholars have come to call this theory "the collective rights theory. In the U.

Note: The following text is a transcription of the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights, which is on permanent display in the Rotunda at the National Archives Museum.
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RIGHT TO BEAR ARMS

The Second Amendment is one of 10 amendments that form the Bill of Rights, ratified in by the U. Differing interpretations of the amendment — often referred to as the right to bear arms — have fueled a long-running debate over gun control legislation and the rights of individual citizens to buy, own and carry firearms. Many people in America at the time believed governments used soldiers to oppress the people, and thought the federal government should only be allowed to raise armies with full-time, paid soldiers when facing foreign adversaries. For all other purposes, they believed, it should turn to part-time militias, or ordinary civilians using their own weapons. But as militias had proved insufficient against the British, the Constitutional Convention gave 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 oppression. So, shortly after the U.

Second Amendment , amendment to the Constitution of the United States , adopted in as part of the Bill of Rights , that provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia. District Court judge St. See also gun control. Until the Supreme Court of the United States had never seriously considered the constitutional scope of the Second Amendment. In its first hearing on the subject, in Presser v. For more than seven decades after the United States v.

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