Wednesday, April 15, 2009

Amendment II


The 2nd Amendment is perhaps one of the most debated amendments in the Bill of Rights. It 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.

One long standing debate surrounding the 2nd Amendment was, does it apply to state-regulated "militias" (today this would be the State or National Guard) only, or does it apply to individuals as well? In 2008 the Supreme Court heard the case of District of Columbia v Heller, which called into question the constitutionality of D.C.'s ban on firearms. The Court ruled in favor of Heller in a 5-4 decision, affirming that the 2nd Amendment does indeed protect the right of an individual to own guns in his home for lawful purposes. The Court also found that while firearms can not be banned outright, they can be "reasonably regulated." (Ah, but what does that mean?)

Hopefully Heather can post providing some historical perspective on the 2nd Amendment!







http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-290.pdf
http://www.law.cornell.edu/supct/html/07-290.ZS.html

Image courtesy of barjack.

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