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Insurrectionist theory applies primarily to gun owners who arm themselves against perceived governmental tyranny to resist (or overthrow) it. [3] Insurrectionist theory can be divided into two components: Individuals should keep arms and armor as a check on government tyranny. [1] [2] [3] Individuals have a duty to act against tyranny with arms.
The Second Amendment protects "the right of the people to keep and bear Arms", and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to "the people" ... While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and ...
The Second Amendment to the Constitution addressed militias directly. Its clause describing "a well regulated militia" became a point of legal contention in the context of gun control, presenting a dispute as to whether a militia was a prerequisite to gun ownership or if it applied to all citizens in addition to militias.
In social choice, a tyranny-of-the-majority scenario can be formally defined as a situation where the candidate or decision preferred by a majority is greatly inferior (hence "tyranny") to the socially optimal candidate or decision according to some measure of excellence such as total utilitarianism or the egalitarian rule.
Hunter Biden plans to appeal his federal gun charges conviction by citing the 2nd amendment, according to a report. He was convicted on all three charges in his gun chase. (EPA)
The statue "Authority of Law" by artist James Earle Fraser is seen outside the U.S. Supreme Court Building in Washington, D.C., in 2010. Credit - Mark Wilson—Getty Images
This was the first gun control measure to be overturned on Second Amendment grounds. [58] The Supreme Court in its ruling in District of Columbia v. Heller said Nunn "perfectly captured the way in which the operative clause of the Second Amendment furthers the purpose announced in the prefatory clause." [59]
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