-
Essay / Removing Second Amendment barriers to the Supreme Court would help reduce gun-related deaths in the United States
When drafting the Constitution, the Founders were aware of the many flaws that it already contained and had foreseen the need for it. making additions in the future, urging them to include the Bill of Rights as the first revision, and two methods of amendment process. However, the wording of the Bill of Rights leaves room for interpretation of the true intent with which our founders included it, leading to a wide range of consequences. The Second Amendment prohibits the federal government from taking any action that would prohibit or restrict individual possession of firearms, thereby preventing the repeal of legislation that could fully address the exorbitant cases of gun violence in this country, and thus to the common good of the population. Say no to plagiarism. Get a custom essay on "Why Violent Video Games Should Not Be Banned"? Get an original essay Today, when there is a nationwide debate regarding the Second Amendment, we hear many references to the fact that 'it is a right guaranteed by the constitution, and therefore it should remain immortal, but never based on the original intention in which it was written or the fact that parts of the Constitution have been amended by almost each generation. Perhaps in part because of the controversy surrounding it, only a handful of Supreme Court cases have involved the Second Amendment, most notably the United States v. Cruikshank (1875) and Presser c. Illinois (1886), which determined that the Second Amendment's sole effect is to "restrain the powers of a national government" and only limits the ability of "Congress and the national government", not that of "that states,” to impose gun laws. Former Supreme Court Justice John Paul Stevens remarked on this fact, stating that the Second Amendment was reframed from a right that was "adopted to protect the states from federal interference in their power to ensuring that their militias were well regulated,” to a right in which federal judges have “ultimate power.” to determine the validity of state regulations on the use of weapons by both civilians and militias. He goes on to say that rewriting the Second Amendment to include the words "while serving in the militia" would strike a perfect balance between ensuring the people's ability to defend themselves against tyrannical and excessive government, while also allowing for federal policy sensible. intervention through laws regarding the sale of firearms and restrictions on possession. As these prior Supreme Court rulings established, the federal government has little power to restrict access to guns, with that responsibility falling solely to individual states. As a result, past attempts by the federal government to reduce gun violence have been limited to watered-down gun legislation, such as the Brady bill and the 1994 assault weapons ban, which simply required verification backgrounds for all gun sales and banned the sale of firearms. the future manufacture, but not the possession or purchase of military-grade assault weapons. Of these two measures, the 1994 assault weapons ban was the most unnecessary because it did not address the use of handguns, which account for the majority of gun-related deaths in the United States[ iii]. The reality today is that the United States has the highest rate of gun violence as well as the.