The unexpected loophole in the second amendment of the us constitution

A killer's shooting rampage had claimed lives young and old, giving rise to a burst of political will to strengthen gun laws.

The unexpected loophole in the second amendment of the us constitution

The unexpected loophole in the second amendment of the us constitution

By Robert Parry False history continues to kill Americans, as we saw once again last week at Umpqua Community College in Oregon where a disturbed young man whose mother had loaded the house with loaded handguns and rifles executed nine people and then committed suicide one more mind-numbing slaughter made possible, in part, by an erroneous understanding of the Second Amendment.

A key reason why the United States is frozen in political paralysis, unable to protect its citizens from the next deranged gunman and the next massacre, is that many on the American Right and some on the Left have sold much of the country on a false history regarding the Second Amendment.

Column: Living In The Constitution's Loopholes - CBS News

A painting of President George Washington leading a force of federalized state militias against the Whiskey rebels in western Pennsylvania in Republican presidential candidates have been among the leaders in promoting this fake narrative, with surgeon Ben Carson saying the latest slaughter and all the other thousands of shootings are just part of the price of freedom.

In fact, their intent was the opposite. The actual goal of the Second Amendment was to promote state militias for the maintenance of order in a time of political uprisings, potential slave revolts and simmering hostilities with both European powers and Native Americans on the frontiers.

The Second Amendment read: Indeed, the most lethal weapon that early Americans owned was a slow-loading, single-fired musket or rifle.

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No Anarchists Yet, one of the false themes peddled by some on the Right and the Left is that the Framers, having won a revolution against the British Crown, wanted to arm the population so the people could rebel against the Republic created by the U.

Whatever one thinks about the Federalists, who were the principal constitutional Framers and the leaders of the First Congress, they constituted the early national establishment people like George Washington, James Madison, Alexander Hamilton and Gouverneur Morris.

They feared that their new creation, a constitutional republic in an age of monarchies, was threatened by the potential for violent chaos, which is what European aristocrats predicted. In other words, the Constitution sought to channel political disputes into non-violent competition among various interests.

They did not want endless civil strife.

Created on December 15, , the Second Amendment to the United States Constitution is the part of the United States Bill of Rights that establishes the right of citizens to possess firearms for lawful purposes. It says, "A well regulated militia. On the whole, it is an unexpected fate for a campaign that created a meaningful measure of gun regulation in a state famously averse to infringement on Second Amendment rights. 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.". Such language has created considerable debate regarding the Amendment's intended scope.

One of the first uses of the new state militias formed under the Second Amendment and the Militia Acts, which required able-bodied men to report for duty with their own muskets, was for President Washington to lead a federalized force of militiamen against the Whiskey Rebellion, a tax revolt in western Pennsylvania in In the South, one of the principal reasons for a militia was to rally armed whites to put down slave uprisings.

Again, the Second Amendment was meant to maintain public order even an unjust order rather than to empower the oppressed to take up arms against the government. That latter idea was a modern reinterpretation or distortion of the history.

The most radical-talking leader at the time, Thomas Jefferson, had little to do with either the Constitution or the Bill of Rights since he was serving as a diplomat in France at the time. Later, when British cavalry approached Charlottesville and his home of Monticello, Gov. Jefferson again took flight.

Reflecting on blacks who fought bravely in the Revolution, Jefferson concluded that their courage was an illusion resulting from their intellectual inability to recognize danger.

The unexpected loophole in the second amendment of the us constitution

He was not directly involved in either. A Collective Right The real history of the Second Amendment was well understood both by citizens and courts in the generations after the Constitution and Bill of Rights were enacted.

For most of the years of the Republic, the U.This page will attempt to distill all current news and issues about the Constitution into a quick, easy-to-read format. "We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans." The case rose out of Rassam's arrest as he tried to enter the United States by car.

The Second Amendment conceded nothing to the Anti-Federalists’ desire to sharply curtail the military power of the federal government, which would have required substantial changes in the original Constitution.

the Supreme Court rejected this interpretation in United States v.

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The Constitution does not say that the Second Amendment. Created on December 15, , the Second Amendment to the United States Constitution is the part of the United States Bill of Rights that establishes the right of citizens to possess firearms for lawful purposes.

It says, "A well regulated militia. Jan 26,  · Legislature should take action to close loophole in gun-buying law. Group's effort to refine the definition of who qualifies as a domestic abuser shouldn't be seen as .

Second Amendment | Constitution | US Law | LII / Legal Information Institute

The Godel “loophole” must clearly deal with Article V — the amendment process — and all the answers posted here confirm that But it is most fascinating when applied to the “Senate problem.” Otherwise, it is trivial.

If you’re going to permit an amendment process, then of course.

In the case District of Columbia v. Heller, the Supreme Court held that the "Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. There is no easy way to prevent domestic terrorism without sacrificing the second amendment in the name of security. The Constitution requires that American leaders be both clever and noble enough to defend the American people from themselves while protecting personal freedom at all costs. The second, that the People are aove the Constitution derives from the Preamble to the Constitution, and can be affirmed in reading the Constitution, apart from the 19th amendment and some other.

Only a few parts of the constitution are safe from amendment by this way. One of them is the Senate as no state may be deprived of senate representation without that state's consent.

So ironically all of the fantasies about removing the Senate or revising it to be proportional like the House are strictly unachievable under the Constitution.

Second Amendment to the United States Constitution - Wikipedia