United States Second Amendment Issues

Paper Summary:

The paper gives a brief explanation of the Second Amendment of the Constitution of the United States. The paper discusses its history, related court interpretations and legislation. The following issues are addressed in the paper: The National Rifle Association's view on the second amendment, the rule of adherence to precedent, whether the Second Amendment applies to the federal or state level and if it protects only state militias or individual rights. The paper also looks at gun ownership and homicide rates from 1970 to1990.

Outline:
Introduction
Discussion
Conclusion

From the Paper:

"There have been numerous cases involving the Second Amendment but not too many have made it to the law of the land, the Supreme Court of the United States. Busch (2003) discusses the major Supreme Court cases involving the Second Amendment, while focusing on the impact the United States v Emerson (as cited in Busch, 2003) case had on the right to bear arms. Busch (2003) notes that after the Supreme Court case of United States v Miller (as cited in Busch, 2003), a large part of lower federal courts interpret the protection of the Second Amendment as a collective right and not an individual right. Busch (2003) also notes that the Supreme Court has yet to clearly state whether the Second Amendment is collective or individual. A collective right means that it applies only to the federal government. An individual right means that it only applies to state government."

Sample of Sources Used:

• Busch, Michael (2003). Is the Second Amendment an Individual or a Collective Right:
• United States v. Emerson's Revolutionary Interpretation of the Right to Bear
• Arms. St. John's Law Review, 77, 345-369.
• Polsby, Daniel D., Kates, Don B. (2000). Long-Term Nonrelationship of Widespread
• and Increasing Firearm Availability to Homicide in the United States. Homicide

More papers on United States Second Amendment Issues:

• Argumentative Essay # 148155 : "Guns and the Second Amendment"
• Analytical Essay # 59413 : "The Second Amendment"
• Research Paper # 115422 : "Gun Laws of the United States"

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