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Essay

2nd Amendment Rights

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Issue:

Social Issues

 

Written by:

Brian P

 

Date added:

June 5, 2014

 

Level:

University

 

Grade:

A

 

No of pages / words:

6 / 1549

 

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10088 times

 

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Essay content:

Cruikshank, 92 U.S. 542 (1876) was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment. The Court recognized that the right of the people to keep and bear arms was a right which existed prior to the Constitution when it stated that such a right "is not a right granted by the Constitution...
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The second amendment declares that it shall not be infringed; but this, as has been seen, simply means that it shall not be infringed by Congress. Presser v. Illinois, 116 U.S. 252 (1886). Although the Supreme Court affirmed the holding in Cruikshank that the Second Amendment, standing alone, applied only to action by the federal government, it nonetheless found the states without power to infringe upon the right to keep and bear arms, holding that "the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, as so to deprive the United States of their rightful resource for maintaining the public securety and disable the people from performing their duty to the general government...
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