A detailed study of gun law in the U.S., the ongoing controversy that it has sparked, and changes in the course of jurisprudence for the Second Amendment.
Written in 2009; 3,814 words; 20 sources; MLA; $ 104.95
Paper Summary:
This paper discusses one of the most controversial rights in America, the right to keep and bear arms. The author discusses the far-reaching scope and the potential meanings of the Second Amendment which were the most commonly debated issues at one time. The historical background for U.S. gun law is described, and groundbreaking lawsuits that highlight various interpretations of the Second Amendment and their effects on the course of jurisprudence are also discussed.
Outline:
Introduction
Establishment of the Historical Premise
Seeking the Second Amendment
The Right to Bear Arms in the 1800s
Gun Case Law from Cruikshank Onward
Conclusion
From the Paper:
"In some senses, it becomes necessary to remember that not every phrase in the Constitution is explicit or unambiguous. The authors of the document did an impressive job of articulating all that was necessary for establishing a system of government for the new Nation, but some rights exist simply by virtue of extrapolation. Self-defense comes into the Second Amendment in this way. Through the use of extrapolation, one may conclude that the right to bear arms implies that those arms can be used, and that the right to use arms is a fundamental legal presupposition of the right to bear arms."
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