What does the 2nd Amendment mean to you?
What does the Second Amendment say? The original text for the Second Amendment to the U.S. Constitution is, “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.”.
What did the Second Amendment mean in the Cruikshank case?
The Supreme Court reaffirmed Cruikshank, and also held that the Second Amendment prevented neither the States nor Congress from barring private militias that parade with arms; such a right “cannot be claimed as a right independent of law”.
How was the Second Amendment interpreted during the Jacksonian era?
Also during the Jacksonian Era, the first collective right (or group right) interpretation of the Second Amendment arose. In State v. Buzzard (1842), the Arkansas high court adopted a militia-based, political right, reading of the right to bear arms under state law, and upheld the 21st section of the second article of the Arkansas Constitution.
What are the two models of interpretation of the Second Amendment?
Supreme Court cases. State and federal courts historically have used two models to interpret the Second Amendment: the “individual rights” model, which holds that individuals hold the right to bear arms, and the “collective rights” model, which holds that the right is dependent on militia membership.
Who wrote the Second Amendment?
Who wrote the Second Amendment? The Second Amendment, ratified in 1791, was proposed by James Madison to allow the creation of civilian forces that can counteract a tyrannical federal government.
How did the Second Amendment address the Anti-Federalist argument?
While the Second Amendment did not answer the broader Anti-Federalist concern that the federal government had too much power, it did establish the principle (held by both Federalists and their opponents) that the government did not have the authority to disarm citizens.
Does the Second Amendment apply to non-state enclaves?
But in its 5-4 decision in District of Columbia v. Heller, which invalidated a federal law barring nearly all civilians from possessing guns in the District of Columbia, the Supreme Court extended Second Amendment protection to individuals in federal (non-state) enclaves.