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In his book, Six Amendments: How and Why We Should Change the Constitution, Justice John Paul Stevens for example submits the following revised Second Amendment: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms when serving in the militia shall not be infringed." [195]
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.
The Second Amendment declares: 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. [5] [6] Stemming from English common law tradition, the concept of a right to keep and bear arms was recognized prior to the creation of a written national constitution. [7]
Here’s what Second Amendment actually says: “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 Second Amendment to the United States Constitution states "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." Although the Supreme Court first held the Second Amendment protects an individual right to keep and bear arms in Dredd Scott v.
Presser v. Illinois, 116 U.S. 252 (1886), was a landmark decision of the Supreme Court of the United States that held, "Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States."
The "religiously scrupulous" clause was ultimately stricken from the final draft of second amendment to the Federal Constitution though the militia clause was retained. The Supreme Court of the United States has upheld a right to conscientious objection to military service. [34]
T here is something cruelly ironic about reading the recent Surgeon General’s report on gun violence and the Supreme Court’s June decision on the Second Amendment in United States v. Rahimi .