Second amendment examination: Right to bear arms?

Type :

Term papers

Pages :

3 pages

Format :

.doc

Published date :

09/03/2009

Category :

Law & contracts

Sub category :

Civil law

Oboulo.com selection criteria

$ 5.95 Add to cart

Summary :

Introduction
The Fourth Amendment
The Second Amendment
The issue in Parker
The court in Parker
U.S. v. Emerson
1. The court in Emerson
The textual and contextual evidence
The district court decision
Conclusion

Abstract

Words are not just "foolish semantics" as they may so often seem. Words can be placed and interpreted in so many different ways that finding meaning can be quite challenging. The language of the second amendment is at the core of the debate between those who believe in the individual right to arms and those who believe only militia personnel have right. Literal interpretations of the U.S. Constitution reveal that the second amendment protects the individual's right to arms; the arms protected are limited, however, to those that an individual might operate in a militia.

The interpretation of the phrase "the people" has come into controversy. These two words have been examined in both U.S. v. Verdugo-Urquidez, 494 U.S. 259 (1990) and Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007). U.S. v. Verdugo-Urquidez is a case whose facts are unrelated to the second amendment, but whose interpretation of "the people" is important to the argument of the individual right to arms.