This study is concerned with the historical development of the Second Amendment and how it is interpreted today.
In doing so, John Vile's "A Companion to the United States Constitution and its Amendments" and Adam Winkler's "Gun Fight" have been consulted to provide background information on the history of the Second Amendment. Due to the fact that this term paper also deals with current statistics on gun control laws, it also relied on online research and online publications.
Firstly, there will be a chapter that deals with the original intent of the founding fathers, who framed the Second Amendment to the United States Constitution. It will provide an historical overview of the creation of the Second Amendment and what led to its inclusion into the Bill of Rights. It further tries to explain the founder's interpretation of the Second Amendment with regards to the militia.
The third chapter will focus on the question of how the National Rifle Association was able to rewrite the Second Amendment in order to gain more profit and get support for gun rights. The chapter will present the approach taken by the NRA that resulted in a new interpretation of the Second Amendment and established the perception of an individual right to possess firearms within American society.
It will take into account the Supreme Court cases of "United States v. Miller" of 1939 and "District of Columbia v. Heller" of 2008, that ultimately guaranteed an individual's right to own firearms without any connection to a militia. Another chapter will focus on gun control laws and provide a comparison between the United States and other developed countries.
Furthermore, this chapter will give an insight into the perception of the Second Amendment within American society and discusses current gun control policies. Finally, the last paragraph of this term paper will be a conclusion, which sums up the results achieved and gives an outlook for future research on the Second Amendment and gun control laws.
Table of Contents
1. Introduction
2. The Founders’ Vision of the Second Amendment
3. How the NRA rewrote the Second Amendment
3.1. Supreme Court Cases
4. Gun Control Laws
5. Conclusion
6. Works Cited
Objectives & Core Themes
The primary objective of this paper is to examine the historical development and modern interpretation of the Second Amendment to the U.S. Constitution. The study explores how the National Rifle Association (NRA) has significantly influenced the perception of gun rights in America, shifting the original intent from a collective right associated with militias to an individual right to possess firearms for self-defense. Furthermore, the paper evaluates contemporary gun control laws and the societal debate surrounding gun violence in the United States.
- The original intent of the Founding Fathers regarding the Second Amendment and militias.
- The political strategies and lobbying efforts of the National Rifle Association.
- Judicial interpretations of the Second Amendment in landmark Supreme Court cases.
- A comparative analysis of gun control policies between the U.S. and other developed nations.
- The impact of mass shootings and gun-related suicides on the ongoing legislative debate.
Extract from the Book
3.1. Supreme Court Cases
To better understand how the National Rifle Association rewrote the Second Amendment, it is important to look at two Supreme Court cases that directly dealt with the Second Amendment. Unfortunately, a paper of this scope cannot point out all major gun control laws that have been enacted or prevented. But, it is safe to say that in the beginning, the NRA neglected the Second Amendment and did not even oppose gun control legislation (Winkler 381). On the contrary, the organization was in favor of the National Firearms Act of 1934, which imposed taxation on manufacturers and dealers of certain firearms ("National Firearms Act"). Those included firearms such as, machine guns, short-barreled rifles and silencers ("National Firearms Act"). The National Firearms Act also required that these types of guns have to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives ("National Firearms Act"). Also, the National Firearms Act implied that the transport of such firearms across state lines had to be reported to the federal government ("National Firearms Act").
On the 18th April of 1938, gang members Frank Layton and Jack Miller were arrested for possessing an unregistered shotgun and transporting said gun between Claremont, Oklahoma and Siloam Springs, Arkansas, which clearly disregarded the National Firearms Act (Cornell 200-201). However, Layton and Miller argued before the district court that the National Firearms Act was unconstitutional, because it violated the Second Amendment (Cornell 201). Even though the district court held that the National Firearms Act was indeed unconstitutional, the Supreme Court came to a different conclusion (Cornell 201). A year later the Supreme Court heard the case of United States v. Miller, but the defendants did not have any legal representation and did not attend the hearing (Cornell 201). Therefore, the Supreme Court did not hear any arguments supporting Miller and Layton and ruled that the National Firearms Act was in fact constitutional, because the shotgun in question did not have a reasonable relation to a militia (Cornell 202).
Summary of Chapters
1. Introduction: This chapter introduces the ongoing debate surrounding the Second Amendment and outlines the study's focus on historical evolution and current legislative interpretation.
2. The Founders’ Vision of the Second Amendment: This section details the historical context of the American Revolutionary War and explains how the Founding Fathers viewed the militia as a protection against federal tyranny.
3. How the NRA rewrote the Second Amendment: This chapter examines the transition of the NRA into a powerful political lobbyist and its success in shifting the public perception of firearm ownership.
3.1. Supreme Court Cases: This subchapter analyzes the judicial shifts from the collective right emphasized in United States v. Miller to the individual right established in District of Columbia v. Heller.
4. Gun Control Laws: This chapter provides a critical look at contemporary gun control policies and compares U.S. statistics on gun violence with other developed countries.
5. Conclusion: The conclusion synthesizes the findings, reiterating the dramatic shift in interpretation and the necessity for updated gun control measures.
6. Works Cited: This section lists all scholarly books, news articles, and organizational reports used for the research.
Keywords
Second Amendment, National Rifle Association, Gun Control, Supreme Court, United States v. Miller, District of Columbia v. Heller, Militia, Firearm Ownership, Lobbying, Mass Shootings, Self-Defense, Gun Violence, Legislation, Constitutional Interpretation, Bill of Rights
Frequently Asked Questions
What is the core focus of this research paper?
The paper explores the history and interpretation of the Second Amendment, specifically how the National Rifle Association transformed it from a collective militia-based right into an individual right to bear arms.
What are the central themes discussed in the study?
Key themes include the political influence of the NRA, the evolution of Supreme Court jurisprudence, comparisons of international gun control laws, and the societal impact of gun violence in the U.S.
What is the primary goal of the author?
The author aims to clarify how historical intent has been modified by modern political and judicial forces, advocating for a more balanced approach to gun safety legislation.
Which scientific or analytical method is applied?
The study utilizes historical analysis, legislative review, and a comparative study of international gun policies and crime statistics.
What does the main body cover?
It covers the Founding Fathers' original intent, the NRA’s political transformation after 1977, landmark court cases, and contemporary challenges like mass shootings and suicide prevention.
Which keywords best characterize the work?
The work is defined by terms like Second Amendment, NRA, Gun Control, Supreme Court, and Constitutional interpretation.
How did the perception of the militia change over time?
Originally seen as a check against governmental tyranny, the militia was later largely sidelined by judicial decisions that prioritized an individual's right to self-defense.
Why is the 1977 'Revolt at Cincinnati' considered a turning point?
It marked the shift to a more aggressive, politically active leadership within the NRA, which prioritized lobbying and grassroots campaigning to influence gun policy.
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- Lisa Schreinemacher (Autor:in), 2019, The Second Amendment and Gun Control Laws as a Subject of Debate, München, GRIN Verlag, https://www.grin.com/document/496139
