The Right to Bear Arms

Paper Summary:

The paper discusses the controversy surrounding the interpretation of the Second Amendment's provision regarding the right to keep and bear arms. The paper explains how some posit that this refers to the people's collective right as a members of a well-regulated state militia, while others claim it refers to each individual's rights. This paper argues that the Second Amendment was designed not only to protect the militias; it was also intended to protect an individual's right to own and bear arms.

Outline:
Introduction
Historical Background
Constitutional Interpretation
"The Right of the People"
"To Keep and Bear Arms"
"A Well Regulated Militia, being Necessary to the Security of a Free State"
Challenges to the Second Amendment
Conclusion

From the Paper:

"Today, the interpretation of the Second Amendment has polarized the American people among two different views (Greenslade, 2004). Those opposed to private ownership of firearms argue that there is no individual right to keep and bear arms because the Second Amendment refers to the people's collective right as a members of a well-regulated State militia. In contrast, the individual rights view holds that individuals may bring claims or raise challenges based on a violation of their rights under the Second Amendment just as they do to vindicate individual rights secured by other provisions of the Bill of Rights. This view appears to be the most valid after placing the Second Amendment in appropriate historical and Constitutional context."

Sample of Sources Used:

• Cornell, Saul. A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America. Oxford: Oxford University Press, 2006.
• "Federal Court Cases Regarding the Second Amendment." Available: http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=52
• Greenslade, Robert. "The Flawed Second Amendment." Nitwit Press 6 Oct. 2004. Available: http://www.thepriceofliberty.org/04/10/06/greenslade.htm
• Levy, Leonard W. "Constitutional Topic: The Second Amendment" Available: http://www.usconstitution.net/consttop_2nd.html#debate
• Malcolm, Joyce Lee. To Keep and Bear Arms: The Origins of an Anglo-American Right. Cambridge: Harvard University Press, 1994.

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