OriginalShroom
Gold Member
- Jan 29, 2013
- 4,950
- 1,042
Over all a good job.
A few points you may want to consider.
1 - Even though it was meant sarcastically, yes do point out that a gun of any kind is an inanimate object and no more responsible for how it is used than a Fat Man's fork is responsible for him being fat or a typewriter is responsible for the bomb threat that is typed on it or that piece of pipe is responsible for being made into a pipe bomb.
2 - Do expand a little on the attempts of the British to disarm the Colonies.
3 - Do expand on the disarming of the former slaves and how that came to lead to the 14th amendment. Mention In Dred Scott v. Sandford, 60 U.S. 393 (1856) the Chief Justice Roger Taney wrote for the majority: "It would give to persons of the negro race, who were recognized as citizens in any one State of the Union ... the full liberty ... to keep and carry arms wherever they went."
4 - When the Fourteenth Amendment was drafted, Representative John A. Bingham of Ohio used the Court's own phrase "privileges and immunities of citizens" to include the first Eight Amendments of the Bill of Rights under its protection and guard these rights against state legislation.
5 - The Second Amendment attracted serious judicial attention with the Reconstruction era case of United States v. Cruikshank which ruled that the Privileges and Immunities Clause of the Fourteenth Amendment did not cause the Bill of Rights, including the Second Amendment, to limit the powers of the State governments, stating that the Second Amendment "has no other effect than to restrict the powers of the national government."
6 - Akhil Reed Amar notes in the Yale Law Journal, the basis of Common Law for the first ten amendments of the U.S. Constitution, which would include the Second Amendment, "following John Randolph Tucker's famous oral argument in the 1887 Chicago anarchist Haymarket Riot case, Spies v. Illinois": Though originally the first ten Amendments were adopted as limitations on Federal power, yet in so far as they secure and recognize fundamental rights—common law rights—of the man, they make them privileges and immunities of the man as citizen of the United States...
These cases show the limitations that Courts have previously held that on the Federal Government when it comes to Gun Control and that the 2nd Amendment is as important and individual a right as the 1st or any other.
A few points you may want to consider.
1 - Even though it was meant sarcastically, yes do point out that a gun of any kind is an inanimate object and no more responsible for how it is used than a Fat Man's fork is responsible for him being fat or a typewriter is responsible for the bomb threat that is typed on it or that piece of pipe is responsible for being made into a pipe bomb.
2 - Do expand a little on the attempts of the British to disarm the Colonies.
3 - Do expand on the disarming of the former slaves and how that came to lead to the 14th amendment. Mention In Dred Scott v. Sandford, 60 U.S. 393 (1856) the Chief Justice Roger Taney wrote for the majority: "It would give to persons of the negro race, who were recognized as citizens in any one State of the Union ... the full liberty ... to keep and carry arms wherever they went."
4 - When the Fourteenth Amendment was drafted, Representative John A. Bingham of Ohio used the Court's own phrase "privileges and immunities of citizens" to include the first Eight Amendments of the Bill of Rights under its protection and guard these rights against state legislation.
5 - The Second Amendment attracted serious judicial attention with the Reconstruction era case of United States v. Cruikshank which ruled that the Privileges and Immunities Clause of the Fourteenth Amendment did not cause the Bill of Rights, including the Second Amendment, to limit the powers of the State governments, stating that the Second Amendment "has no other effect than to restrict the powers of the national government."
6 - Akhil Reed Amar notes in the Yale Law Journal, the basis of Common Law for the first ten amendments of the U.S. Constitution, which would include the Second Amendment, "following John Randolph Tucker's famous oral argument in the 1887 Chicago anarchist Haymarket Riot case, Spies v. Illinois": Though originally the first ten Amendments were adopted as limitations on Federal power, yet in so far as they secure and recognize fundamental rights—common law rights—of the man, they make them privileges and immunities of the man as citizen of the United States...
These cases show the limitations that Courts have previously held that on the Federal Government when it comes to Gun Control and that the 2nd Amendment is as important and individual a right as the 1st or any other.