Essay on second amendment

In some jurisdictions, such as Ireland, Estoniaand Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in Ireland and Australia although amendments are drafted in the form of Acts of Parliament they cannot become law until they have been approved in a referendum.

Essay on second amendment

Originally published as 99 Yale L.

Sanford Levinson

For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. As most readers can no doubt recall, Manhattan dominates the map; everything west of the Hudson is more or less collapsed together and minimally displayed to the viewer.

Steinberg's great cover depends for its force on the reality of what social psychologists call "cognitive maps. What is true of maps of places--that they differ according to the perspectives of the Essay on second amendment certainly true of all conceptual maps.

To continue the map analogy, consider in this context the Bill of Rights: Is there even a canonical text of the Bill of Rights? Does it include the first eight, nine, p.

Essay on second amendment

One is a stereo- typical member of the American Civil Liberties Union of which I am a card-carrying member ; the other is an equally stereo- typical member of the "New Right.

The other principal avenues would be the criminal procedure aspects of the Constitution drawn from the Fourth, [3] Fifth, [4] Sixth, [5] and Eighth [6] Amendments. Also depicted prominently would be the Ninth Amendment, [7] although perhaps as in the process of construction.

It is this last anomaly that I want to explore in this essay. The Politics of Interpreting the Second Amendment To put it mildly, the Second Amendment is not at the forefront of constitutional discussion, at least as registered in what the academy regards as the venues for such discussion--law reviews, [13] casebooks, [14] and other p.

As Professor LaRue has recently written, "the second amendment is not taken seriously by most scholars. Neither, however, pays it the compliment of extended analysis. Both marginalize the Amendment by relegating it to footnotes; it becomes what a deconstructionist might call a "supplement" to the ostensibly "real" Constitution that is privileged by discussion in the text.

He asserts that the history of the Amendment "indicate[s] that the central concern of [its] framers was to prevent such federal interferences with the state militia as would permit the establishment of a standing national army and the consequent destruction of local autonomy. One will find extraordinarily little discussion about another one of the initial Bill of Rights, the Third Amendment: The Third Amendment, to take the easiest case, is ignored because it is in fact of no current importance whatsoever although it did, for obvious reasons, have importance at the time of the founding.

The Volokh Conspiracy - -

It has never, for a single instant, been viewed by any body of modern lawyers or groups of laity as highly relevant to their legal or political concerns. For this reason, there is almost no caselaw on the Amendment. The Second Amendment, though, is radically different from these other pieces of constitutional text just mentioned, which all share the attribute of being basically irrelevant to any ongoing political struggles.

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To grasp the difference, one might simply begin by noting that it is not at all unusual for the Second Amendment to show up in letters to the editors of newspapers and magazines.

The National Rifle Association, to name the most obvious example, cares deeply about the Amendment, and an apparently serious Senator of the United States averred that the right to keep and bear arms is the "right most valued by free men.

This reality of the political process reflects the fact that millions of Americans, even if or perhaps especially if they are not academics, can quote the Amendment and would disdain any presentation of the Bill of Rights that did not give it a place of pride.

Second Amendment to the United States Constitution - Wikipedia

I cannot help but suspect that the best explanation for the absence of the Second Amendment from the legal consciousness of the elite bar, including that component found in the legal academy, [28] is derived from a mixture of sheer opposition to the idea of private ownership of guns and the perhaps subconscious fear that altogether plausible, perhaps even "winning," interpretations of the Second Amendment would present real hurdles to those of us supporting prohibitory regulation.

Thus the title of this essay--The Embarrassing Second Amendment--for I want to suggest that the Amendment may be profoundly embarrassing to many who both support such regulation and view themselves as committed to zealous adherence to the Bill of Rights such as most members of the ACLU.Essay, term paper research paper on Gun Control.

Gun Control Gun control is an action of the government that is supposed to reduce crime. James Madison drafted the First Amendment, with the primary goals of empowering citizens to express their views about their representatives in government and giving them the freedom to criticize the government and call for changes in it without fear.

Awan 06/28/ The decision to eucxlde Hilary from the White House was a tough choice but I think in the long run, a good decision. Here’s why: Hilary would have made it easier to win, but more difficult to govern with her as VP and Bill as Second initiativeblog.com was ridiculed for suggesting “partition” in Iraq but that wasn’t what he suggested.

John Paul Stevens served as an associate justice of the Supreme Court from to This essay is excerpted from his new book, “Six Amendments: How and Why We Should Change the Constitution. John Paul Stevens served as an associate justice of the Supreme Court from to This essay is excerpted from his new book, “Six Amendments: How and Why We Should Change the Constitution.

The Bill of Rights. The document on permanent display in the Rotunda is the enrolled original Joint Resolution passed by Congress on September 25, , proposing 12 .

Constitutional amendment - Wikipedia