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BRUTUS. (THOUGHT TO BE NEW YORK’S ROBERT YATES) RATIFICATION DEBATES. The Second Amendment responds to the Anti-Federalist fears that Congress might use its power to “organize, arm, and discipline” the militia as an excuse to disarm the American people. The Second Amendment prevents this. THE CIVIL WAR.
The Second Amendment originally applied only to the federal government, leaving the states to regulate weapons as they saw fit. Although there is substantial evidence that the Privileges or Immunities Clause of the Fourteenth Amendment was meant to protect the right of individuals to keep and bear arms from infringement by the states, the ...
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How does the Second Amendment respond to Anti-Federalist fears?
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Why was the Second Amendment ratified?
Why did anti-federalists oppose the new constitution?
For much of its early history, the Second Amendment went largely unscrutinized by the Supreme Court. The few nineteenth century cases implicating the Second Amendment established for a time that the Amendment was a bar to federal, but not state, government action, 1 Footnote United States v. Cruikshank, 92 U.S. 542 (1875); Presser v.
Nov 16, 2016 · Furthermore, the Second Amendment was ratified in response to Anti-Federalist fears that the nationalization of military power in the new Constitution would permit the federal government to oppress the people and destroy the power of the states.
- Douglas Walker
- 2016
May 20, 2014 · The NRA’s head lobbyist read the new policy aloud at its 2001 convention in Kansas City: “The text and original intent of the Second Amendment clearly protect the right of individuals to keep and bear firearms.”. In the meantime, the “individual right” argument was starting to win in another forum: public opinion.
The standard historical accounts of the Second Amendment, however, recover that political account and recapitulate it in terms of what has come to be known as the “republican” tradition of political thought. In his justifiably famous article “The Embarrassing Second Amendment,” Sanford Levinson invokes the English
Jump to essay-12 See Steven J. Heyman, Natural Rights and the Second Amendment, in The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms 200&# 8 211;01 (Carl T. Bogus ed., 2000) (collecting anti-federalist objections regarding power over militia and to raise a standing army that could be used ...
