Does the 2nd ammendment give us the right to own guns?
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Voting Style: | Open | Point System: | 7 Point | ||
Started: | 3/9/2008 | Category: | Politics | ||
Updated: | 14 years ago | Status: | Voting Period | ||
Viewed: | 3,419 times | Debate No: | 3147 |
Debate Rounds (2)
Comments (6)
Votes (20)
The 2nd ammendment does give us the right to own guns. It is absurd that our great country is having to take this to the supreme court because an extreme leftist is saying we should not be allowed to protect ourselves in our own house.
Should we have the right to bear guns and does the 2nd Amendment give us the right to own guns are two separate issues. Since the debate topic is "Does", the second sentence is irrelevant. As to the first sentence, my opponent fails to actually tell us what the 2nd amendment says. Now with that being said, I'll just assume my opponent here pasted the Second Amendment, which says: "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." As I'm sure my opponent, being the educated student he is, understands that the Constitution, and the Bill of Amendments, was created to restrict the authority and power of the FEDERAL GOVERNMENT. Ergo, the 2nd Amendment, regardless of whether or not it actually does forbid the federal government from instituting bans on gun ownership, DOES NOT forbid State governments from forbidding individuals from owning guns. Therefore the 2nd Amendment does not give us the right to own guns since State governments have the authority to institute any law they desire regarding the ownership of guns. |
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Well first of all I would like to point out it is the Bill of Rights not the Bill of Amendments. However, I never said that certain individuals should not be able to own guns the decleration says they can however. The thought of states being able to ban guns from people will be tried in the Supreme Court coming up this month I believe. So even if a bill would have passed through a state legislature that bill would be tried in the highest court in the land. I still do not under stand how the second amendment does not give somebody the right to own a gun when it says right there "...the right of the people to keep and bear Arms..." please explain to me how that says that a person does not have a right to own a fire arm.
Whoops =P. I was originally going to refer to all Amendments, then switched to the Bill of Rights and made a slip there. Anyway: "I still do not under stand how the second amendment does not give somebody the right to own a gun when it says right there "...the right of the people to keep and bear Arms..." please explain to me how that says that a person does not have a right to own a fire arm." A common misunderstanding is that somehow the Bill of Rights, endows certain inalienable rights to all Americans. But the truth is, the Bill of Rights, technically speaking, only forbids the Federal Government, i.e. Congress and the President, from making laws or taking action. It DOES NOT prohibit the State governments. Every state has its own State Constitution. State laws are constrained by their own constitutions, not by the federal Constitution. So basically if Congress tomorrow passed a law saying no one may own an AK-47, then this might go against and infringe upon the 2nd Amendment. If New York passes a law saying no one may own an AK-47, then the 2nd Amendment does not apply. Now the 14th Amendment gives the Federal Government some authority of State laws. But that is inapplicable here for 2 reasons. First, until the Supreme Court rules that the 14th Amendment gives the Federal Government the right to forbid gun control, the Constitution will not come into play. Second, even if it does, it would be doing so with the power of the 14th Amendment, not the 2nd. |
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20 votes have been placed for this debate. Showing 1 through 10 records.
Vote Placed by magpie 13 years ago
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Vote Placed by claytone 13 years ago
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Vote Placed by C4747500 14 years ago
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Vote Placed by venicio22 14 years ago
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Vote Placed by Johnicle 14 years ago
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Vote Placed by Bitter_Sarcasm 14 years ago
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Vote Placed by FalseReality 14 years ago
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Vote Placed by Darth_Grievous_42 14 years ago
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Vote Placed by GaryBacon 14 years ago
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Vote Placed by Gear 14 years ago
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In 1787, our Founding Fathers drafted the Constitution to address some of the glaring weaknesses in the Federal Government as created by the Articles of Confederation. They wanted to make a stronger, more unified Federal Government. However, the anti-Federalists were afraid that a powerful Federal central government would take power away from the states and by extension the citizens. In order to secure the approval of the powerful states of New York and Virginia, our founding fathers agreed to a compromise. They would include the Bill of Rights to limit Federal Government's authority even further.
The American Constitution exists to define the authority and limitations of our Federal Government. It and the Bill of Rights states what the Congress, the Supreme Court, and what the Executive (President), can and cannot do. The First 6 words of the First Amendment is as follows: "Congress shall make no law respecting". Contrary to popular misconception, the Bill of Rights was Not created to infringe upon the rights of States. And Criminal Law, e.g. the criminal possession of fire arms, is a State jurisdictional matter. Therefore the 2nd Amendment does Not grant people the blanket right to own guns. It grants people the right to own guns without interference from the Federal government. (and this by the way ignores the whole militia part of the 2nd amendment)
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This clear arg. shows that it is a right for people to keep-and bear-arms.