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The power of the Second Amendment

Any limit would amount to a violation of the Second Amendment

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Context

"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."- the Second Amendment of the United States Constitution.

The Argument

The wording of the Second Amendment clearly indicates that it guarantees the right of American citizens to bear arms. Any restriction on the constitutional rights of the American people amounts to government overreach and the repression of the American people.

Counter arguments

Actually, the wording doesn't guarantee the rights of any individual to bear arms. It clearly states that the individual states can organise and maintain a private milita to protect themselves against the federal government. This does not guarantee the right for individuals to carry guns.[1] Also, nowhere in the Second Amendment does it guarantee the right to have an unlimited number of weapons or unrestricted access to all types of weapons. In this sense, the Second Amendment is not incompatible with gun control. It is possible to believe in the Second Amendment and believe in gun control. The two are not mutually exclusive. Finally, the U.S. Constitution has to be interpreted in the context which it was written. When the founding fathers wrote it, the most developed weapon was a musket. They did not foresee individual Americans arguing for the right to own a personal military-grade automatic machine gun. When the founding fathers wrote the document, the U.S. was also an untamed wilderness in many places, and many civilians needed weapons to hunt and protect themselves. Now, there is a comprehensive police force, complete with weapons and helicopters. The spirit in which it was written must be considered before arguing for unrestricted access to firearms.

Premises

[P1] The Second Amendment guarantees Americans the right to have guns. [P2] If you restrict or limit this right, you are breaching the constitutional rights of U.S. citizens.

Rejecting the premises

[P1] The Second Amendment does not guarantee an individual's right to have guns. [P1] Nor does it grant the right to have as many guns as you want. [P1] Nor does it allow you to have any type of gun on your choosing.

References

  1. https://www.theatlantic.com/politics/archive/2018/03/second-amendment-text-context/555101/

Proponents

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This page was last edited on Friday, 18 Jan 2019 at 21:52 UTC