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Bill of Rights Technology Project-2nd Amendment
Transcript of Bill of Rights Technology Project-2nd Amendment
Amendment The 2nd Amendment When Congress put this in the Bill of Rights, it wasn’t exactly creating a new concept. Being able to have guns was a concept deeply rooted in English history and European history. Back then, there was no standing army. When the king called for military action, everyone was his army. People were expected to have guns, not just allowed to have them. Sometimes they were even required to have guns. Additionally, people also had them to protect themselves and deal with criminals. Later in colonial times, the colonists also had arms to defend themselves from Indians. Since armies took to long to arrive at a battle, militia served instead. Many early colonial constitutions had the right to bear arms. During the Revolutionary War, the British tried to took away the colonists’ arms, which probably helped to compel Congress to include that in the Bill of Rights. Additionally, when writing the Constitution, the writers were well aware of self defense. The people still needed protection from Indians and other external threat, but not all reasons were external. If the new government was corrupt, the people would need to overthrow it. Before being sent to the States for ratification, it went through many changes. One of them was the conscientious objector clause which allowed people who felt like being in the army was violating personal beliefs (i.e.: religion) to be excused from the army. It was approved September 21, 1789, but became law on December 15, 1791 when Virginia agreed to it. History Here are some Supreme Court cases involving to 2nd Amendment with explanations.
-US. v. Cruikshank(1875) On April 13, 1873, the Colfax Massacre occurred. White men of the “White Army” fired upon African Americans and killed at least hundred five of them. Three of the white men there were convicted the United States government. The Supreme Court’ decision was announced on March 27, 1876. It said that the federal government couldn’t act upon the massacre because private citizens contributed to the massacre, not the state of Louisiana. The conviction was deemed unconstitutional.
-Presser v. the State of Illinois(1939) During the late 19th century, state governments used violent means to restrain organized labor. In response, many labor groups created defense organizations to protect their right to choose to bargain collectively for decent working conditions and fair wages. To prevent this, Illinois made it a crime to have “"bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law..." A labor organization of German immigrants had a parade in which they carried unloaded rifles. Eventually, the case went up to the Supreme Court, which ruled that the 2nd Amendment was a limit on federal laws, not states laws.
-Miller v. Texas(1894) Franklin P. Miller was arrested by police in early 1892 for charges related to the fact that he was living with a black woman and her daughter, whom they probably thought was his daughter. Angry, as he was, Miller threatened the police and bought two guns. Eventually he got into a gun battle with the police. In the Supreme Court, Miller claimed that the Texas statute (law) involved in the case violated the Second and Fourth Amendments as incorporated in the 14th Amendment. However, the Supreme Court refused to address it since it wasn’t brought up first during to trial.
-United States v. Verdugo-Urquirdez(1990) The case involves Rene Martin Verdugo-Urquidez, who a citizen and resident of Mexico. Mexican police officers transported him to the U.S. border in cooperation with the Drug Enforcement Agency(DEA). A DEA agent got authorization to search his residence from the Director General of the Mexican Federal Judicial Police, but didn’t get a search warrant from a U.S. magistrate. The Court ruled that “the people” under the 2nd, 9th Amendments, and the Preamble means all citizens and legal aliens while in the U.S. This cases resolves doubt that the 2nd Amendment is an individual right. Supreme Court Cases Current Controversies My Personal Interpretation GunCite. “Supreme Court Cases.” [Online] 8 October 2012.
Revolutionary War And Beyond “The 2nd Amendment.” [Online] 6 January 2013
David Wolf. “Circular American Flag.” [Online Image] 4 September 2008
Google Images. “A Gun Laying on a Copy of the Constitution.” [Online Image] 15 December 2012
CNN. “Sandy Hook shooting: What happened?” [Online] 7 January 2013
ABC News. “Accused Aurora Shooter James Holmes Bought Ticket 12 Days Before Shooting” [Online] 7 January 2013
National Association for Gun Rights. “Second Amendment Protection Petition” [Online] 7 January 2013
Change.org. “Congress: CONSTITUTIONAL AMENDMENT TO MODIFY 2ND AMENDMENT FOR GUN CONTROL” [Online] 7 January 2013
SAF. “SUPREME COURT CASES ON SECOND AMENDMENT/RIGHT TO KEEP AND BEAR ARMS” [Online] 7 January 2013
Micha Petty “Second Amendment Quotes” [Online] 8 January 2013
whatsoeverprojects “Cube and Effect”. [Online image] 10 January 2013
facweb “1876: U.S. v. Cruikshank Decision”. [Online] 17 November 2006
Dave Kopel “Presser v. Illinois”. [Online] 10 January 2013
Shade’s Landing “Federal Cases regarding the 2nd Amendment” [Online] 10 January 2013
Cynthia Leonardatos; David B. Kopel; Stephen P. Halbrook “Miller versus Texas:
Police Violence, Race Relations, Capital Punishment, and Gun-Toting in Texas in the Nineteenth Century--and Today” [Online] 10 January 2013
The Oyez Project at IIT Chicago-Kent College of Law “ United Stares v. Verdugo-Urquidez”. [Online] 11 December 2012.
Google Images “2nd Amendment Right” [Online image] 10 January 2013
Google Images “2nd Amendment on Steroids” [Online image] 10 January 2013
jobsanger “Learning About the Second Amendment” [Online image] 14 April 2009
CartoonStock “Santa enters American airspace!” [Online image] 10 January 2013
Google Images “No need, my brothers. The Americans are doing a dandy job of killing each other!” [Online image] January 2013
Google Images “… shall not be infringed!” [Online image] 25 July 2012
Google Images “Second Amendment and NRA” [Online image] 10 January 2013
Youtube “The Second Amendment’ [Online video clip] 14 November 008
< http://www.youtube.com/watch?v=7RgLEGibyXs> Bibliography Benjamin Nguyen
January 11, 2013
Period 5 "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." My personal interpretation of the second amendment is that allows the ownership of guns. What I think is not if the amendment allows guns or not, but to what extent. I mean really, you can’t have a person who’s been naturally aggressive his whole life having ten different types of guns in his house. There should be gun control. Certain measures, like background checks should be used to protect the people from gun crazy maniacs. The second amendment was to protect the people from internal and external threats, such as other countries and corrupt government, so having something like background checks would further the amendment’s purpose. Regarding whether the amendment is good or bad, I believe it depends on the time in history. For example, just after the Revolutionary War, it would’ve been good because there were many possible threats and the people needed protection. During a time like the Prohibition, it would’ve made it easier for people, both good and bad-willed to obtain guns, which only would add to the already virulent crime. I believe that in current times, it could be argued either way. America has highest by far, number of gun related murders and gun ownership rates, but then again having guns can help protect you from a gun related murder. One thing for sure is that this amendment is staying around for a long time. It’s how much gun control and restrictions that’s the question, not if the amendment is going to be obsolete in my opinion.
Here are some quotes concerning the 2nd Amendment. Interpretations have been added for some of the quotes’
-After a shooting spree, they always want to take the guns away from the people who didn't do it. I sure as hell wouldn't want to live in a society where the only people allowed guns are the police and the military. -William S. Burroughs
This means that after a large mass shooting like Sandy Hook or Aurora, gun control will usually increase. I think that this is comparable to Sandy Hook in that Obama is demanding more gun control, from the people- who haven’t murdered anyone. The second part tells us that people have a right to own guns and it’s a part of society. Without gun rights, even the greatest evil wouldn’t want to dwell in a such society.
- To disarm the people is the best and most effectual way to enslave them. -George Mason
To me this means that guns are one of the ways that liberty expresses itself. The founding fathers knew that without arms, the people could become powerless against a corrupt government or other threats.
- When they took the 4th Amendment, I was quiet because I didn't deal drugs. When they took the 6th Amendment, I was quiet because I am innocent. When they took the 2nd Amendment, I was quiet because I don't own a gun. Now they have taken the 1st Amendment, and I can only be quiet. - Lyle Myhr
Although this quote doesn’t fully apply to the 2nd Amendment, I think it’s important. It shows why you should speak up and take action even when a conflict doesn’t apply to you because it will, eventually and you’ll be powerless against it.
- We should not forget that the spark which ignited the American Revolution was caused by the British attempt to confiscate the firearms of the colonists. - Patrick Henry
This quote says that it was the confiscation of arms that drew the colonists to action, in the first place. Don’t do it again. This is a warning of sorts to the government-my best guess.
-"The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed." -Thomas Jefferson
- The best we can hope for concerning the people at large is that they be properly armed. Alexander Hamilton
- This country was founded by religious nuts with guns. - P.J. O'Rourke
- The Second Amendment is the Equal Rights Amendment. -Jannalee Tobias Photo Gallery Famous Quotes The 2nd Amendment has always been involved in many controversies. Here are few of the more recent ones. -Sandy Hook Shooting- On December 14, 2012 Adam Lanza shot his way into Sandy Hook Elementary School in Connecticut. He killed 20 children and 6 adults, 26 people total. This involved the 2nd Amendment because it was exploited to allow the ownership of the guns used to attack the school. President Obama stated shortly after that he would do everything in his power to prevent other shootings. Many gun owners are in protest of course but, in my own opinion, the 2nd Amendment could deter him by allowing the Supreme Court use judicial review, not people. -Aurora Shooting- In this instance of 2nd Amendment exploitation, James Holmes was accused of shooting during a showing of the movie, The Dark Knight Rises, killing 12 people and wounding many more. This involves the 2nd Amendment in the same way as the Sandy Hook shooting. -Petitions- Many petitions currently involve the 2nd Amendment. Some want to change the 2nd Amendment or even appeal it, while others serve as an advocate for gun ownership. In other words, in some petitions, the amendment is being challenged, while in other petitions, it’s being supported. Many of these petitions, both supportive and against the amendment rose after the Sandy Hook shooting. - Additionally, there are controversies involving who the amendment applies to and what types of weapons it applies to. This corresponds to how the amendment is being interpreted, although the question has been answered by ruling of the Supreme Court, which has ruled that the amendment applies to individuals. -Trends- Usually after a shooting, such as Sandy Hook or Aurora, a cry for gun control will rise. For example, after Sandy Hook, President Obama promised to prevent further shootings. Of course, gun owners will oppose these attempts at increaed gun control A kinda long video about the 2nd Amendment "The right to bear arms"