Examlex

Solved

The Second Amendment Tothe U

question 33

Essay

The Second Amendment tothe U.S. Constitution states, "A well-regulated Militia, being necessary tothe security of a free State, the right of the people tokeep and bear Arms, shall not be infringed." Because this language is somewhat antiquated and vague, the United States Supreme Court has attempted toclarify the amendment's modern meaning. over the course of twoseparate rulings, the Court stated that the Second Amendment provides individuals with a constitutional right tobear arms and that this right must be recognized at all levels of government-federal, state, and local. As the most recently appointed Supreme Court Justice by the newly elected President, a case comes before the court regarding the ability of U.S. cities topass ordinances that restrict the ability toconceal and carry a firearm within city boundaries. The entire case centers upon one's right tocarry a firearm while out in public, say at a restaurant, at the movies, or while attending church. The attorney representing the city of Clarion, Pennsylvania says that the 2nd Amendment only applies tothose belonging toa "militia"-and based on that interpretation that means a regulated body approved toprotect (e.g., sheriff's department, national guard). The attorney representing the pro-2nd Amendment citizens of Clarion states that his clients' absolute constitutional guarantee tokeep and bear arms is being violated and that the city ordinance is completely unconstitutional. As the tie breaking vote of the Supreme Court, how doyou vote and why? Please fully explain your decision.


Definitions:

Juan De Oñate

A Spanish conquistador, known for his role as a colonizer in the Southwest area of what is now the United States in the late 16th century.

Disgrace

The loss of reputation or respect as the result of a dishonorable action or failure to maintain moral standards.

Spain's Monopoly

Refers to the exclusive control and trade privileges Spain held over its overseas colonies, particularly in the Americas, during the 16th to 18th centuries.

Political Stability

The condition of a nation or state in which it operates effectively without significant civil disorder, government dysfunction, or political unrest.

Related Questions