The second amendment amendment ii to the united states constitution protects the right of the people to keep and bear arms and was adopted on december 15, 1791, as part of the first ten amendments contained in the bill of rights. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws. It establishes the right to bear arms and figures prominently in the longrunning debate over gun control. Second amendment to the united states constitution wikipedia. Second amendment wex us law lii legal information institute. Opening paragraph based on the second amendment of the united states constitution. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the. The second amendment, ratified in 1791, is one of 10 amendments that form the bill of rights. The house of representatives shall be composed of members chosen every second year by the people of the several. The 1971 constitution is the fifth complete revision of virginias fundamental law since 1776other complete revisions having been effective in 1830, 1851, 1870, and 1902. Constitution third amendment described by some as a preference for the civilian over the military, the third amendment forbids the forcible housing of military personnel in a citizens home during peacetime and requires the process to be prescribed by law in times of war.
Constitution of the united states of america1787 page ii 4this clause has been affected by clause 2 of amendment xviii. We also have a problem with judges who chose to ignore the actual text of the us constitution and what it actually states as well. Constitution, along with links to articles on each, is provided in the table. Heller pdf, the united states supreme court issued its first decision since 1939 interpreting the second amendment to the united states constitution. All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. Pdf the second amendment right to redefine the meaning of. This massive shift of power from the states to the federal government generated one of the chief objections to the proposed constitution. In my studies as an attorney and as a united states senator, i have constantly been amazed by the indifference or even hostility shown the second amendment by courts, legislatures, and commentators. Constitution second amendment united states congress. Whether the second amendment secures an individual right. Essay the united states constitution and the second amendment. In november 1972, the people approved an amendment to article ii, section 1, specifying the voting age as eighteen thus conforming virginias constitution to the twentysixth amendment to the federal constitution. The second amendment, the bill of rights, and the constitution. The original text of the first amendment of the constitution of the united states.
How to read and understand it the branches of government. The 2nd amendment states 3 a well regulated militia, being necessary to the security of a free state, the right. The executive power shall be vested in a president of the united states of america. How to read and understand it reading amendment 2s text as written when reading amendment 2s actual text it is important to read the text first to understand what it actually states. Tuckers view of the constitution of the united states was a major work in. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the. A well regulated militia, being necessary to the security of a free state. The senate of the united states shall be composed of two senators from each state, chosen by the legislature thereof, the preceding words in parentheses superseded by 17th amendment, section 1.
In citizens united and mccutcheon, the court overruled the 1990 decision in austin v. Preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the united states of america. Jun 20, 2016 the second amendment, the bill of rights, and the constitution. It is part of the first ten amendments, known collectively as the bill of rights. The 2nd amendment was ratified on december 17, 1791, along with the other nine amendments that make up the bill of rights. Second amendment to the united states constitution free. Constitution of the united states of america bill of rights. The following text is a transcription of the constitution as it was inscribed by jacob shallus on parchment the document on display in the rotunda at the national archives museum. The 2nd amendment guarantees the right of every american citizen to own a gun. The second amendment to the constitution is one of the most debated issues in the history of the united states of america. The original text of the second amendment of the constitution of the united states.
Article iii, section 2, of the constitution was modified by amendment 11. The second amendment to the constitution states simply. The second amendment was written following the war of the revolution by which the states comprising the united states achieved freedom from great britain and after the federal constitution of the united states was adopted by those. Grammar and context of the second amendment to the united. The bill of rights is as much a part of the constitution as the original text, as it has been adopted in a.
Constitution of virginia foreword the virginia constitution of 1971 was approved by vote of the people on november 3, 1970, and became effective on july 1, 1971. The court ruled that the second amendment to the u. A critical guide to the second amendment glenn harlan reynolds this symposium contains a number of important articles relating to the second amendment to the united states constitution. The transportation or importation into any state, territory, or possession of the united states for delivery or use therein of intoxicating liquors, in violation of the laws thereof. Essay the second amendment of the united states constitution.
Second amendment to the constitution of the united states. Tuckers view of the constitution of the united states was a major work in its time. The twentysecond amendment amendment xxii to the united states constitution sets a limit on the number of times an individual is eligible for election to the office of president of the united states, and also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. The second amendment text is set against a scroll background in this printable constitution template. Guarantees freedom of speech, religion, and press, and the right to assemble peaceably and petition the government for redress of grievances to ask it to fix something that its responsible for. The constitution of the united states the signing of the constitution took place on september 17, 1787, at the pennsylvania state house now called independence hall in philadelphia. The 2nd amendment to the constitution of the united states has perhaps generated more emotion and controversy over the years than any other amendment because it involves the issue of guns. Heller pdf, the united states supreme court issued its first decision. The fourteenth amendment and the right to keep and bear arms. 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. Heller, the supreme court held that 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 selfdefense within the home.
Second amendment to the united states constitution wikiquote. The twenty second amendment amendment xxii to the united states constitution sets a limit on the number of times an individual is eligible for election to the office of president of the united states, and also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. It was ratified on december 15, 1791 as part of the bill of rights. The second amendment to the united states constitution, relating to the right of people to bear arms, was enacted as part of the bill of rights, its ratification occurring on 15 december 1791 with the support of the virginia legislature. Second amendment of the us constitution bearing arms. The belief was strong that a well regulated militia such as the national guard, in modern times was. Heller, the supreme court held that 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. Second amendment contents, supreme court interpretations. Constitution of the united states of america constitution of the united states of america amendments to the u. Constitution of virginia foreword iv additional notes 5.
Thus, two hundred and three years after it was introduced, the proposal placing restrictions on congressional pay raises became our twentyseventh united states amendment and most. We have a federal government with 2 coequal branches of government. Under this individual right theory, the united states constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the. A well regulated militia, being necessary to the security of a. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. They feature from zero to three commas in various arrangements over which reasonable minds have differed for a long time, as william van alstyne recently noted in these pages. A well regulated militia, being necessary to the security of a free state, the right of the.
The judicial power of the united states shall not be construed to extend to any suit in law or equity, commenced or prosecuted. This amendment is not considered controversial and has never been litigated before the united states supreme court. Jun 26, 2008 heller pdf, the united states supreme court issued its first decision since 1939 interpreting the second amendment to the united states constitution. The second amendment reads, a wellregulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Included in the bill of rights, the second amendment protects the united states citizens right to keep and bear arms. Michigan chamber of commerce, where that supreme court recognized a compelling state interest in. But what many casual readers may not realize is that those articles are simply the latest installments in what has become a rich and interesting literature.
Constitution day and citizenship day, constitution day and citizenship day is observed each year on september 17 to commemorate the signing of the constitution on september 17, 1787 and recognize all who, by coming of age or by naturalization, have become citizens. The constitution of the united states, in its second amendment, guarantees a right of the people to keep and bear arms. Nov 12, 2019 constitutional amendments 110 make up what is known as the bill of rights. Perhaps no single sentence in the history of government documents has caused as much disagreement as the 2nd amendment to the u. The constitution of the united states as a printable pdf file. Constitution of the united states of america amendments. Twentysecond amendment to the united states constitution. Second amendment to the united states constitution. 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. The second amendment on the constitution of the united.
Whether the second amendment secures an individual right 127 the second amendment of the constitution provides. The second amendment amendment ii to the united states constitution protects the individual right to keep and bear arms. Constitution of the united states of america17871 we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the. The court declined to incorporate the second amendment under the recently adopted 14th amendment, leaving state laws outside the control of the federal government. The right to keep and bear arms constitution society. While it is a very short amendment, its exact meaning in terms of what types of weapons are protected and what constitutes a wellregulated militia is still in contention today.
Preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic. Section 2 the transportation or importation into any state, territory, or possession of the united states for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is. Yet the amendment was easily accepted because of widespread agreement that the federal government should not have the power to infringe the right of the people to keep and bear arms, any more than it should have. More than twoandaquarter centuries after the 2nd amendment s adoption, the debate rages on over its interpretation. What is the second amendment to the us constitution answers. A guiding question for each lesson is included below each section.
The second amendment has been one that has been under much scrutiny and is the topic of controversy in recent years. The united states constitution created a representative democracy that has last for 200 years. Second amendment, amendment to the constitution of the united states, adopted in 1791 as part of the bill of rights, that provided a constitutional check on congressional power under article i section 8 to organize, arm, and discipline the federal militia. The eighteenth article of amendment to the constitution of the united states is hereby repealed. United states of americas constitution of 1789 with. The second amendment of the constitution of the united states of america. The nonapplica tion of the second amendment to the states is good law today. Apr 25, 2017 what does the second amendment to the u. Described by some as a preference for the civilian over the military, the third amendment forbids the forcible housing of military personnel in a citizens home during peacetime and requires the process to be prescribed by law in times of war. District of columbia law bans handgun possession by making it a crime. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as selfdefense. Constitution a wellregulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. However, the meaning of this clause cannot be understood except by looking to the purpose, the setting and the objectives of the draftsmen. We the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the united states of america.
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