The incorporation of the Second Amendment is the official recognition of the amendment as an individual civil right. What problems do you see in the Second Amendment being incorporated into the criminal justice system?
The second amendment states that “A well-directed Militia, being important to the security of a free state, the right of the population to keep and carry Arms, will not be encroached.” The amendment does not define arms thus this could imply dirty bombs, machine guns, chemical, and biological weapons and many more kinds (Charles, 2012). Therefore, if an average person is allowed to possess arms gunning down anyone out of confliction would not have any restriction, as a result, putting the lives of many citizens at risk. Ideally, state governments are provided with more power by the amendment since they can construct their own laws on government regulations which eventually increases Supreme Court cases whose ruling is based on the second amendment which restricts only federal government gun restriction use (Rostron, 2011).
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What is the central controversy of the Second Amendment and can Congress constitutionally enact further gun restriction measures?
The controversy brought by the second amendment is that does not clearly define which people can keep and bear arms. The controversy has given the opportunity to legislative bodies to take action while the court passes a law and makes an interpretation that impacts how the amendment is connected and authorized (Blocher, 2009). The Congress can make amends on gun control measures only if leadership from both chambers support the bill, more than 60 votes of the Senate are acquired for legislation to be passed which would require unison between the republicans and democrats (Waldman, 2015). In addition, cooperation from the National Rifle Association would ease changes in gun laws.
References
Blocher, J. (2009). Categoricalism and Balancing in First and Second Amendment Analysis. NYUL Rev., 84, 375.
Charles, P. J. (2012). The Faces of the Second Amendment Outside the Home: History Versus Ahistorical Standards of Review. Clev. St. L. Rev., 60, 1.
Rostron, A. (2011). Justice Breyer's Triumph in the Third Battle over the Second Amendment. Geo. Wash. L. Rev., 80, 703.
Waldman, M. (2015). The second amendment: A biography. Simon and Schuster.
