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What is the purpose of the Second Amendment?
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3 days ago · McDonald incorporates the 2nd Amendment against the states through the due process clause of the 14th Amendment, applying the chain of “shall not be infringed” to the states: “In debating the Fourteenth Amendment, the 39th Congress referred to the right to keep and bear arms as a fundamental right deserving of protection.” McDonald v.
5 days ago · The Second Amendment’s plain text and historically understood meaning therefore presumptively guarantee his individual right to possess a firearm for self-defense. The Government failed to rebut that presumption by demonstrating that permanently depriving Duarte of this fundamental right is otherwise consistent with our Nation’s history.
4 days ago · Justice John M. Harlan II in his dissenting opinion in Poe v. Ullman (1961). The Due Process Clause has been used to strike down legislation. The Fifth and Fourteenth Amendments for example do not prohibit governmental regulation for the public welfare. Instead, they only direct the process by which such regulation occurs. As the Court has held before, such due process "demands only that the ...
1 day ago · Newer amendment proposals also aim to correct existing provisions. Recently, the National Constitution Center’s Constitution Drafting Project produced five recommendations that united teams of conservative, libertarian and progressive scholars. Among them are replacing the “natural born” requirement for presidents with both citizenship ...
4 days ago · Dettelbach responded, emphasizing that the Second Amendment, like all amendments, is meant to protect fundamental rights of Americans, including the right to bear arms.
3 days ago · The Second Amendment broaches the contentious subject of the right to possess and bear arms, a terrain fraught with doctrinal debate and juridical exegesis. Conceived initially to fortify state militias against despotic rule, it has, in contemporary discourse, been construed to safeguard individual prerogatives pertaining to firearm ownership.
3 days ago · At its core, the Second Amendment embodies a delicate balance between individual rights and collective responsibilities, between freedom and security. It reminds us that liberty is not a given but a precious inheritance, requiring constant vigilance and sacrifice to preserve.
