I cannot help but suspect that the best explanation for the absence of the Second Amendment from the legal consciousness of the elite bar, including that component found in the legal academy, is derived from a mixture of sheer opposition to the idea of private ownership of guns and the perhaps subconscious fear that altogether plausible, perhaps even ‘winning,’ interpretations of the Second Amendment would present real hurdles to those of us supporting prohibitory regulation.
Levinson also discussed what is called an insurrectionist interpretation, in which the Second Amendment is thought to allow for a militia of armed citizens standing “ready to defend republican liberty against the depredations” of a government become tyrannical. Levinson didn’t endorse either the individual or insurrectionist views, nor did he dismiss them. Instead, he urged scholars to take them seriously. His essay was essentially a plea for reasoned debate: “Is not, after all, the possibility of serious, engaged discussion about political issues at the heart of what is most attractive in both liberal and republican versions of politics?”
Now this power, which every man has in the state of Nature, and which he parts with to the society in all such cases where the society can secure him, is to use such means for the preserving of his own property as he thinks good and Nature allows him; and to punish the breach of the law of Nature in others so as (according to the best of his reason) may most conduce to the preservation of himself and the rest of mankind; so that the end and measure of this power, when in every man′s hands, in the state of Nature, being the preservation of all of his society- that is, all mankind in general- it can have no other end or measure, when in the hands of the magistrate, but to preserve the members of that society in their lives, liberties, and possessions, and so cannot be an absolute, arbitrary power over their lives and fortunes, which are as much as possible to be preserved; but a power to make laws, and annex such penalties to them as may tend to the preservation of the whole, by cutting off those parts, and those only, which are so corrupt that they threaten the sound and healthy, without which no severity is lawful.
If the legislative, or any part of it, be of representatives, chosen for that time by the people, which afterwards return into the ordinary state of subjects, and have no share in the legislative but upon a new choice, this power of choosing must also be exercised by the people, either at certain appointed seasons, or else when they are summoned to it; and, in this latter case, the power of convoking the legislative is ordinarily placed in the executive, and has one of these two limitations in respect of time:- that either the original constitution requires their assembling and acting at certain intervals; and then the executive power does nothing but ministerially issue directions for their electing and assembling according to due forms; or else it is left to his prudence to call them by new elections when the occasions or exigencies of the public require the amendment of old or making of new laws, or the redress or prevention of any inconveniencies that lie on or threaten the people.155.
And therefore, though perhaps at first, as shall be showed more at large hereafter, in the following part of this discourse, some one good and excellent man having got a pre-eminency amongst the rest, had this deference paid to his goodness and virtue, as to a kind of natural authority, that the chief rule, with arbitration of their differences, by a tacit consent devolved into his hands, without any other caution but the assurance they had of his uprightness and wisdom; yet when time giving authority, and, as some men would persuade us, sacredness to customs, which the negligent and unforeseeing innocence of the first ages began, had brought in successors of another stamp, the people finding their properties not secure under the government as then it was (whereas government has no other end but the preservation of property), could never be safe, nor at rest, nor think themselves in civil society, till the legislative was so placed in collective bodies of men, call them senate, parliament, or what you please, by which means every single person became subject equally with other the meanest men, to those laws, which he himself, as part of the legislative, had established; nor could any one, by his own authority, avoid the force of the law, when once made, nor by any pretence of superiority plead exemption, thereby to license his own, or the miscarriages of any of his dependants.
The Second Amendment states,"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." No loopholes, or legal caches exist in this statement.
The second amendment of our country’s Declaration of Independence states, “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 (Chemerinsky, 2006).” When this was written in 1791, most people owned guns to, protect their homes and families, to hunt wildlife, and to use as self-defense.
Many American citizens believe this amendment is an individual right, while others believe that it is a collective right intended to restrict Congress from taking away a state's right to self-defense.
Our country’s founding fathers ratified the second amendment as a part of our Constitution in order to protect citizen’s right to bear arms and to be prepared for foreign invasion.
Handguns should not be restricted because they are a right in the second amendment, they offer self protection and crime deterrent and that there are already restrictions put in place to control guns, and finally there...
However, others argue that handguns should not be banned because they are in the second amendment, for self protection, and for the fact that they are already restricted so that not just anybody can own a handgun.
In transgressing the law of Nature, the offender declares himself to live by another rule than that of reason and common equity, which is that measure God has set to the actions of men for their mutual security, and so he becomes dangerous to mankind; the tie which is to secure them from injury and violence being slighted and broken by him, which being a trespass against the whole species, and the peace and safety of it, provided for by the law of Nature, every man upon this score, by the right he hath to preserve mankind in general, may restrain, or where it is necessary, destroy things noxious to them, and so may bring such evil on any one who hath transgressed that law, as may make him repent the doing of it, and thereby deter him, and, by his example, others from doing the like mischief.
The second amendment of the United States which 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.” has secured certain gun rights for Americans for more than two centuries....
Recent incidents of violent gun crimes present a need to address laws pertaining to self-defense, background checks, and Second Amendment rights, without affecting the economy....