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Topic: 2nd Amendment

	ELS - ERD - Law By Country - United States Substantive Law - Constitution of the United States (Site not responding. Last check: 2007-10-16)
		Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
		The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States.
		The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962.
	www.law.emory.edu /FEDERAL/usconst/amend.html (2856 words)

	Legal Community Against Violence
		The court held further that the Second Amendment “does not secure the right to a well-regulated militia in the sense that an individual is entitled to assert a claim that a state’s militia is not ‘well-regulated’,” rather, the Amendment’s sole purpose is to preserve for the states the right to establish and arm a militia.
		The court rejected a Second Amendment challenge to an Alameda County ordinance banning the possession of firearms and ammunition on county-owned property, holding that the claim was foreclosed by the Ninth Circuit’s holding in Hickman v.
		The court rejected plaintiffs’ claim that the defendants’ conduct violated the Second Amendment, holding that the Amendment is a right held by the states that does not protect the possession of a weapon by a private citizen.
	www.firearmslawcenter.org /content/secondamendment.asp (12200 words)

	The Embarrassing Second Amendment
		To put it mildly, the Second Amendment is not at the forefront of constitutional discussion, at least as registered in what the academy regards as the venues for such discussion --law reviews, [13] casebooks, [14] and other scholarly legal publications.
		The Third Amendment, to take the easiest case, is ignored because it is in fact of no current importance what whatsoever (although it did, for obvious reasons, have importance at the time of the founding).
		The initial "first amendment" in fact concerned the future size of the House of Representatives, a topic of no small importance to the Anti- Federalists, who were appalled by the smallness of the House seemingly envisioned by the Philadelphia farmers.
	www.firearmsandliberty.com /embar.html (8242 words)

	What Does the Second Amendment Say About the Right To Own Guns? Dahlia Lithwick
		The Second Amendment provides that "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." The issue turns on whether that right to bear arms represents an "individual" or "collective" right.
		Miller, the court held that the Second Amendment right to keep and bear arms is not applicable in the absence of a reasonable relationship to the "well regulated militia" provision of the Second Amendment.
		Amendment discussions in the Fray, we were glad to see a variation on the favorite bathtub argument.
	www.slate.com /id/1007957 (1450 words)

	WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT (Site not responding. Last check: 2007-10-16)
		The First Amendment secures "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances," and the Fourth safeguards "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." In addition, the Ninth Amendment refers to "rights.
		The Second Amendment's preface identifies as a justification for the individual right that a necessary condition for an effective citizen militia, and for the "free State" that it helps to secure, is a citizenry that is privately armed and able to use its private arms.
		Thus, the "people" in the Second Amendment were distinct from the "Militia" and a "State," but a right of the people to keep and bear arms was understood both to facilitate a well-regulated militia and to help maintain a State that was free.
	www.usdoj.gov /olc/secondamendment2.htm (14049 words)

	The Unabridged Second Amendment - SAS
		The right to keep and bear arms is not said by the amendment to depend on the existence of a militia.
		No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well-regulated militia as requisite to the security of a free state.
		As I write this, the attempted coup against constitutional government in the Soviet Union has failed, apparently because the will of the people in that part of the world to be free from capricious tyranny is stronger than the old guard's desire to maintain a monopoly on dictatorial power.
	www.2asisters.org /unabridged.htm (1602 words)

	Dave Kopel on NRO
		Volokh explains that the Second Amendment follows a common pattern of constitutional drafting from the Early Republic: There is a "purpose clause," followed by a main clause.
		This quoting pattern suggests that, generally speaking, Supreme Court justices have not considered the purpose clause at the beginning of the Second Amendment to be essential to the meaning of the main clause.
		If the Second Amendment is confusing to some people these days, the confusion is not the fault of the Amendment's author James Madison, or of the rest of the Founders.
	www.nationalreview.com /kopel/kopel051601.shtml (1804 words)

	Analyzing The 2nd Amendment
		But that is totally outside the 18th century usage of "well regulated," which means "well trained" and "operating properly." Likewise, anti-gun advocates think the mention of militia show the right to arms applies only to states arming their militias.
		The Amendment's central theme was what our Founding Fathers saw as the basic human right to possess arms for individual self-defense.
		To any judge willing to follow the law, it must be clear that the Amendment guarantees the freedom of all responsible, law-abiding adults to choose to possess firearms for personal and family defense.
	www.outdoorsbest.com /kates061404 (1269 words)

	The U.S. Constitution Online - USConstitution.net
		Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
		In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
	www.usconstitution.net /const.html (5177 words)

	Second Amendment Foundation Online
		November 14, 2005 - BELLEVUE, WA — The Second Amendment Foundation (SAF) today suggested that San Francisco Supervisor Chris Daly, author of that city’s ballot measure to ban guns, should pay for the city’s defense of that proposition in court and spare the taxpayers that expense.
		The reversal followed complaints by the Second Amendment Foundation that the original policy violated the Second Amendment civil rights of evacuees and that it was discriminatory as well.
		October 7, 2005 - BELLEVUE, WA — The Second Amendment Foundation (SAF) today expressed shock and disbelief that authorities are continuing to target firearms held by private citizens who are now seeking refuge at a relief center outside Baker, Louisiana, a bedroom community near Baton Rouge.
	www.saf.org (1007 words)

	FindLaw: U.S. Constitution: Second Amendment
		The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.
		The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.
		Cruikshank, 92 U.S. [Footnote 4] 307 U.S. The defendants had been released on the basis of the trial court determination that prosecution would violate the Second Amendment and no briefs or other appearances were filed on their behalf; the Court acted on the basis of the Government's representations.
	caselaw.lp.findlaw.com /data/constitution/amendment02 (990 words)

	2ARMED
		To alert everyone that the 2nd Amendment is a right and should not become a privilege through licensing and legislation.
		It is a nationwide summons for law-abiding citizens to assemble and assert their Second Amendment right as well as educate individuals on the Amendment and firearm safety.
		Amendment Right: The Second Amendment to the Constitution of the United States as contained in the Bill of Rights –; the right to keep and bear arms.
	www.usa2076.com /2armed (682 words)

	The Bill of Rights (including the Preamble to the Bill of Rights)
		in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
		Amendment II 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.
		Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
	www.billofrights.org (309 words)

	The Right to Keep and Bear Arms
		We did not speculate as to the intent of the framers of the second amendment; we examined James Madison's drafts for it, his handwritten outlines of speeches upon the Bill of Rights, and discussions of the second amendment by early scholars who were personal friends of Madison, Jefferson, and Washington while these still lived.
		The Second Amendment as such was rarely litigated prior to the passage of the Fourteenth Amendment.
		The Second Amendment right to keep and bear arms therefore, is a right of the individual citizen to privately possess and carry in a peaceful manner firearms and similar arms.
	www.constitution.org /mil/rkba1982.htm (11289 words)

	Second Amendment Foundation Online
		Furthermore, once the Second Amendment is properly defined as an individual right (hopefully in the Emerson Case), then Article III, Section 1 of the California Constitution would apply the Second Amendment to the State Laws of California.
		The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.
		A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.
	www.saf.org /Constitutions.html (2118 words)

	United States House of Representatives - Amendments to the Constitution
		Note 12: The first ten amendments to the Constitution of the United States (and two others, one of which failed of ratification and the other which later became the 27th amendment) were proposed to the legislatures of the several States by the First Congress on September 25, 1789.
		The amendments were subsequently ratified by the legislatures of Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939.
		Note 13: Only the 13th, 14th, 15th, and 16th articles of amendment had numbers assigned to them at the time of ratification.
	www.house.gov /Constitution/Amend.html (2086 words)

	Half the Sins of Mankind
		A single person cannot use this First Amendment right effectively, although he can use the Fourth Amendment "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" in isolation; no need to have more than one person for it.
		They are among the most frequent citers of the First Amendment, determined to practice their religions and say what they want, as long as it doesn't create immediate harm.But we would never allow prisoners to exercise Second Amendment rights.
		State, that supports my argument that the Second Amendment is for what the the Preamble and the Tennessee Constitution calls the "common defense," and not to prevent crime, because the latter purpose is the responsibility of the state.
	bertrandrussell.blogspot.com /2003_06_15_bertrandrussell_archive.html (8697 words)

	Keep and Bear Arms - Gun Owners Home Page - 2nd Amendment Supporters
		California was picked because of its oppressive "laws", and because it can be definitively proven that all means of obtaining redress from the executive, legislative and judicial branches of government have been exhausted, and the exercise of the right to keep and bear arms has been effectively nullified.
		However, the petition is addressed to Attorney General Ashcroft because he has gone on record saying the Second Amendment is an individual right, and he oversees the federal agency that is tasked with enforcing civil rights laws.
		Were this something like a ballot initiative, the legal requirements you cite would apply -- but this is basically just a group of citizens, hopefully a massive group of citizens, all adding their voices.
	www.keepandbeararms.com /petition (2910 words)

	The Unabridged Second Amendment
		That was the question I asked A.C. Brocki, editorial coordinator of the Los Angeles Unified School District and formerly senior editor at Houghton Mifflin Publishers -- who himself had been recommended to me as the foremost expert on English usage in the Los Angeles school system.
		Neil Schulman is the award-winning author of novels endorsed by Anthony Burgess and Nobel-economist Milton Friedman, and writer of the CBS "Twilight Zone" episode in which a time-traveling historian prevents the JFK assassination.
		Most recently, Schulman has founded the Committee to Enforce the Second Amendment (CESA), through which he intends to see the individual's right to keep and bear arms recognized as a constitutional protection equal to those afforded in the First, Fourth, Fifth, Ninth and Fourteenth amendments.
	www.firearmsandliberty.com /unabridged.2nd.html (1721 words)

	2nd Amendment
		The Mexican War set a military pattern, which the nation would follow for the next 100 years: the regular officers provided military know-how and leadership; citizen-soldiers provided the bulk of the fighting troops.
		Amendment was ratified, an act was passed, guaranteeing the state militias' status as the Army's primary reserve force, and requiring that all states rename their militia "National Guard".
		The National Defense Act of 1916 prescribed qualifications for National Guard officers and allowed them to attend U.S. Army schools; required that each National Guard unit would be inspected and recognized by the War Department; and ordered that National Guard units would be organized like regular Army units.
	www.usa2076.com /2armed/second.htm (1177 words)

	The Stentorian: Second Amendment Site
		So do these royalty-free 8.5 by 11 inch pro-Second Amendment dowloadable propaganda* leaflets- formatted for easy photocopying and distribution.
		Klansman with swastika praising the American Jewish Congress and Union of American Hebrew Congregations for their anti-Second Amendment work.
		Robert Byrd used to like Iron Maiden until he discovered that "The Clansman" ("I am a clansman!") was about a Scotsman (based on William Wallace) and not a member of the sheet-and-hood fraternity.
	www.stentorian.com /2ndamend (1507 words)

	Topic: 2nd Amendment
		The second amendment to the Constitution of the United States is hereby repealed...
		This is the text of The Tinman's speech on the Second Amendment, presented by videotape at the recent Dallas Meeting of Opinionated.net.
		The second Amendment is the teeth of the Bill of Rights and the Constitution.
	www.freerepublic.com /forum/t1001501.htm (8558 words)

	The Peoria Pundit: 2nd Amendment Archives (Site not responding. Last check: 2007-10-16)
		In a kinder, gentler era -- one in which people felt safer to walking the streets of Peoria -- a person in her position could have simply checked her gun at the door, and retrieved it when she left.
		But, we live in an era when too many people believe that possession of a gun is evil, even though it's a right protected by the 2nd Amendment.
		Ravenwood's tongue is firmly in cheek over learning that some color laser printer makers are inserting digital signatures into printed pages so that the government can trace them back to the machines' owners.
	www.peoriapundit.com /mt/archives/2nd_amendment (10437 words)

	Eugene Volokh
		Workplace Harassment and the First Amendment, I, Encyclopedia of the U.S. Constitution 2925 (Leonard Levy and Kenneth Karst eds.
		(criticism of the proposed flag burning amendment), Los Angeles Times, July 18, 2001, reprinted in Milwaukee Journal and Sentinel, July 23, 2001, at 7A, Virginian Pilot, July 23, 2001, Ft. Lauderdale Sun-Sentinel, July 25, 2001, at 25A, and Moscow Times, July 25, 2001, at 7.
		Free Speech Libertarian: Judge Alito Has an Expansive View of the First Amendment, Wall Street Journal, November 13, 2005.
	www.law.ucla.edu /volokh (2708 words)

	Second Amendment Sisters, Inc.
		Although the House version HR 800 would have been preferable, it is still a huge victory for the Second Amendment.
		Thanks to all of you who contacted your Representatives and urged support for this important bill.
		Second Amendment Sisters enters its fifth year with an eye toward restoring
	www.2asisters.org (271 words)

	2nd Amendment Info
		A recent Federal Court decision that overturned a conviction solely because it violated an individual's Second Amendment rights.
		Civic Republicanism and the Citizen Militia: The Terrifying Second Amendment
		Original Intent and Purpose of the Second Amendment
	www.afn.org /~ncfsa/2nd-amend.htm (386 words)

	The U.S. Constitution Online - USConstitution.net
		Amendment 12 - Choosing the President, Vice President
		The Congress shall assemble at least once in every Year, and such Meeting shall
		No Tax or Duty shall be laid on Articles exported from any State.
	www.usconstitution.net /const.html#Am22 (5177 words)

	RSI - 2nd Amendment
		Some of these posts elegantly defend our 2nd amendment rights, others were written by liberals who are capable of distinguishing cheap political appeals from good public policy.
		We recommend everyone interested in 2nd Amendment issues support his family's efforts to continue.
		Tom Gresham - The U.S. government gives it's opinion on the 2nd amendment
	www.shootingsoftware.com /rkba.htm (331 words)

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