Midterm Jurisprudence.docx - Steven Giannelli Jurisprudence Professor Feldman Miderm The Constitution of the United States broadly defines the rights of

Midterm Jurisprudence.docx - Steven Giannelli Jurisprudence...

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Steven Giannelli Jurisprudence Professor Feldman 3/16/2019 Miderm The Constitution of the United States broadly defines the rights of citizens across the land. Since its establishment, it has been the driving force of the United States and its government. However, many of its amendments have been brought into question, none more than the 2nd amendment. The 2nd amendment broadly states “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. However, many states such as The District of Columbia have passed strict requirements on the possession of a firearm. Provisions in the District of Columbia made it illegal to carry an unregistered firearm and prohibited the registration of handguns. Owners of lawfully registered handguns must also keep the firearms unloaded and disassembled. The supreme court ruled, majority opinion led by Justice Antonin Scalia, that the provisions stated in the District of Columbia violated the second amendment. The Majority Opinion held that the references of the term “militia” limits the 2nd amendment to a state sponsored clause. They argued that the amendments were meant to protect the people and not have interference by the federal government. Conversely, Justice John Paul Stevens stated that the 2nd amendment only protects the right to bear arms for certain military purposes. In other words, the amendment does not state that its purpose is for the right to bear arms in the case of self-defense.
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  • Fall '09
  • Law, Supreme Court of the United States, Antonin Scalia

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