Essay on The Right to Bear Arms a Constitutional Conflict

The act of bearing a firearm was initially represented as a duty in England, up until King Alfred converted this duty into a right. By doing so, individuals were allowed to use firearms for two purposes: self-defense and hunting. In time, â€Å"kings chose to trust their subjects with arms and to modify and supplement the militia if need be† (Malcom 3). Individuals were given the right to bear arms in exchange for their participation in England’s militia, which consists of â€Å"able-bodied male citizens declared by law as being subject to call to military service† (â€Å"Militia†). Additional implementations were then put into effect, one of them being King John’s recognition of the right to bear arms in the Magna Carta. This Angevin Charter will†¦show more content†¦Although America gained its independence, its main concern still remains: to which degree should its militia be controlled. Certain representatives believed that the militia should be abolished. Others showed a preference for a selective militia that did not incorporate society in its entirety. Some considered amending the meaning that was given to militia and appropriate it to America’s Constitution. â€Å"The convention decided to give the new congress the authority to determine the future composition of the militia† (Cornell 43). By doing so, America’s aspirations consist of a standing army, a well-regulated militia and the right to bear arms. The new congress decided to create a militia that would be just as important at a state level than at a national level, â€Å"the new national government was given the authority to organize, arm and discipline the militia. The states would maintain some measure of control by retaining the power over the ‘appointment of the officers, and authority for training the militia according to the discipline prescribed.† (Cornell 43). James Madison helped draft the constitution of the United States of America and he became a leader in the ratification of the Constitution. He is known as the father of the constitution. James Madison’s initial formulation of the Second Amendment went asShow MoreRelatedThe Second Amendment Of The United States1725 Words   |  7 Pagesthat the Amendment protects an individual’s right to own guns. Others, that it does no more than protect the right of states to maintain militias† (Cornell). The Second Amendment of the constitution gives citizens the right to bear arms, and is therefore one of the most important laws of the nation. This amendment holds an important value to our nation because, it prevents tyranny but, it also protects, spreads, and contributes to the causes of human rights. Over the past years there’s been controversyRead MoreThe Constitution Of The United States1557 Words   |  7 Pagesarguing between the delegates (federalists and antifederalists), the Constitution of the United States was passed under the condition that the Bill of Rights would be adopted. The Bill of Rights, at the time, consisted of 10 amendments; of these 10 comes one of the most controversial ones, the Second Amendment, which is the right for individuals to bear arms. This amendment was, and will continue to be one of the most controversial issues from the time of the ratification of the Constitution of the UnitedRead MoreCulture Wars: The Struggle to Define America by James Davison Hunter1287 Words   |  6 Pagesprayer, gay rights, gun politics and many more are all a part of the list of controversies that divide our country. A culture war is a conflict between groups with different ideals, beliefs, and issues. James Davison Hunter’s book, Culture Wars: The Struggle to Define America, shows that these issues â€Å"are not isolated from one another but are part of a fabric of conflict which constitutes nothing short of a struggle over the meaning of America. Unlike the religious and cultural conflict that historicallyRead MoreDistrict of Columbia v. Heller: The Use and Permit of Handguns1529 Words   |  7 Pagesother hand, we have the people who believe that with such rigorous system in place is violated the individual rights that granted and protected by the United States Constitution. They believe that the rigorous system will prevent people from defending themselves and could be a violation of their privacy. Regardless of which side is right, if we want to understand more about our current conflict, we have to look back on how this hold debate started. The District of Columbia v. Heller, the Supreme CourtRead MoreThe Issue Of The Second Amendment1704 Words   |  7 Pageshave the firm belief that the American people have the right to not only carry a gun, but to carry any type of gun that they want, while anti-gun groups want to get rid of the right to carry a gun all together unless that person is a soldier or police officer. The part of the Second Amendment that is quoted by both sides is always â€Å"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†. Did you know that there areRead MoreGun Control And The Rights Issue Essay1490 Words   |  6 Pagesview it as a rights issue. Either way, there are people that want more gun control and people that want less gun control. On both sides of the issue, opinions range from moderate to extreme. Should we put more restrictions on firearms, or should we have open carry and allow for anybody to have a firearm? These are a few questions that come up when gun control is brought into a conversation. Firearms are purchased for recreation, self-defense, and even just to exercise constitutional rights. HoweverRead MoreThe Constitutional System Within The United Kingdom1416 Words   |  6 PagesA constitutional system within a country could be classified as one of the most important structures for democracy; it should not only illustrate the structures and power of a government, but also state the relationship between government and individuals. Constitutionalism can be classified into two distinct categories: a codified written Constitutions (ie: United States), and an uncodified unwritten constitution (ie: United Kingdom). Some consider the UK constitution as a risk to the democraticRead MoreUs Constitution Essay1653 Words   |  7 PagesUnited States Constitution is still relevant. When our founding fathers wrote the Constitution, it was written according to their needs in the eighteenth century. According to the Bill of Rights, everyone has the right to bear arms, but in the twenty-first century what exactly does it mean to have the right to bear arms? Our meaning of the Constitution today, is different than the meaning of the Constitution two hundred and twenty-five years ago. After breaking free and declaring their independence fromRead MoreThe Right to Bear Arms1196 Words   |  5 PagesIn the United States the right to own a gun is enshrined by the Second Amendment to the U.S. Constitution. The text of the Second Amendment reads: â€Å"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† (Adams, 2004). The founding fathers borrowed this idea from Niccolo Machiavelli, the Italian thinker. He wrote about the weapons necessary for freedom to defend themselves, to hunt, and to protect the stateRead MoreThinking Analysis : Gun Laws Essay701 Words   |  3 Pagesâ€Å"revolves around three major talking points: a sociological, an ethical, and a legal dimension,† (Stingl Alexander). The sociological part is establishing if gun laws will help reduce violence rates. The ethical point goes against the citizens â€Å"right to bear arms against the protect ion of citizens and prevention or crime,† (Stingl Alexander). In addition, the legal stance is determining the interpretation of the Second amendment in regards to â€Å"well-regulated militias†. With multiple areas to covers