IN what kind of postion or people that believe that the second amendmentgaurentees an individual right?

Question

I need alot of details about the battle over gun control and the meaning of the 2nd amendment.

Answer 1

The sticking point is to decide what exactly is a 'well regulated militia' and who is to decide it. Many Liberals would tell you that the Constitution is a 'Living Document' and is subject to change based on cultural change, etc. However, they insist on not allowing for a new reading of this Amendment, even though 'regulated Militias' are no longer around. In other words, they want it both ways...Yes, the Constitution can be 'interpreted'...but then again it can't. Sounds like Liberalism to me! The Supremes are going to take on this issue soon. I have little doubt they will see the individual right to bear arms is the prevailing interpretation these days, however, they may leave the door open to allow States to set their own standard here. After all, our Constitution's framers intended a limited Federal role, with States' rights prevailing most often.

Answer 2

Just to start on the same page, the 2nd amendment to the US Constitution reads "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

It should be noted that when the Constitution uses the term 'the people', it ALWAYS refers to individual citizens. When the Constitution refers to states, it uses term such as any State, the several States, or all States. The important item here is the word STATE, not people. The Federal government always referred to as the United States.

The 4th amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" Not the EXACT same wording (the right of the people) as used in the 2nd amendment. Does anyone argue this in NOT an individual right?

The 10th amendment states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. This is the most clear distinction between the 3 groups. 1. The United States is the Federal government. 2. The States are the individual states. 3. The people are individual citizens.

In addition to the actual language of the Constitution, the basic structure of the document is a grant of power FROM THE PEOPLE, to the government. and the Bill of Rights in particular protects the PEOPLE'S rights from the government. It would be totally unnecessary to protect the rights of the government from interference BY the government.

Several other writings by the framers of the Constitution also support this view. The Federalist Papers are one example.

Also note the second paragraph of the Declaration of Independence. "We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights. that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of government becomes destructive of these ends, IT IS THE RIGHT OF THE PEOPLE TO ALTER OR ABOLISH IT, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

The 2nd amendment as an INDIVIDUAL RIGHT is the ONLY feasible means of securing the right to ABOLISH the government.