Second Amendment Term Papers

The Second Amendment to the United States Constitution, contained in the Bill of Rights, 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.”  In the two hundred years since then, this has become perhaps the most controversial phrase in the entire legal foundation of our nation.  The opposite sides of the debate on the original intent of the 2nd Amendment use the same evidence to support their often-inflamed rhetoric. The pro-gun lobby always seems to have more information at their fingertips, as if to use the sheer volume of historical evidence to support their position.  They cite William Blackstone’s Commentaries on the Laws of England as “laying the foundation of modern English law” that “influenced the thinking of the American Founders”.  However, Blackstone supported the English notion that “the right to defend may be mistaken for the right to kill”.  English common law dealt harshly with public violence.  It was only in America that this idea was turned around.  It was US District judge Tucker who wrote in 1803, commenting on Blackstone: “The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government”.

English common law ideas on self-preservation and standing armies were subverted in the American mind.  Tucker further wrote that “The right of self-defense is the first law of nature,” exactly the opposite of the Common law idea that the individual had a “duty to retreat”.

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Custom Second Amendment Term Papers

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