Second Amendment Print Foreign And Domestic In Cook
Description
Form popularity
FAQ
So long as undocumented immigrants in the United States have developed substantial connections with the United States, the Second Amendment confers to them a right to bear arms.
“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home,” Scalia said.
Writing for the majority, Justice Scalia noted: “Like most rights, the right secured by the Second Amendment is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”
The McDonald decision has had a profound impact on the interpretation of the Second Amendment and on the regulation of guns. By applying the right to bear arms to the states, the Supreme Court constrained the extent to which state and local governments can regulate firearms.
Heller, the Supreme Court held that the Second Amendment protects an individual right to possess firearms for certain purposes, including at least self-defense in the home. Two years later, in McDonald v. City of Chicago, the Court determined that the right to bear arms is a “fundamental” right.
Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He peppered his colleagues with "Ninograms" (memos named for his nickname, "Nino") intending to persuade them to his point of view.
During the Constitutional Convention, the Framers understood the necessity of a citizen militia to resist a potentially oppressive military if constitutional order broke down. The Second Amendment codified the individual right to firearm possession to combat this fear.
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.
The Second Amendment is a contentious topic. Some people believe it provides people with an absolute right to own weapons. Others argue that its text limits the right to bear arms to purposes related to serving in a state militia. The Supreme Court issued very few groundbreaking opinions on the topic until 2008.
