Text[ edit ] There are several versions of the text of the Second Amendment, each with capitalization or punctuation differences. Differences exist between the drafted and ratified copies, the signed copies on display, and various published transcriptions.
Copyright Clayton E. Cramer All Rights Reserved.
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Print reproduction or for profit use is not authorized without permission from the author. The Racist Roots of Gun Control The historical record provides compelling evidence that racism underlies gun control laws -- and not in any subtle way.
Throughout much of American history, gun control was openly stated as a method for keeping blacks and Hispanics "in their place," and to quiet the racial fears of whites. This paper is intended to provide a brief summary of this unholy alliance of gun control and racism, and to suggest that gun control laws should be regarded as "suspect ideas," analogous to the "suspect classifications" theory of discrimination already part of the American legal system.
Racist arms laws predate the establishment of the United States. Starting inthe French Black Code required Louisiana colonists to stop any blacks, and if necessary, beat "any black carrying any potential weapon, such as a cane.
When the first U. The New Orleans city government also stopped whites from teaching fencing to free blacks, and then, when free blacks sought to teach fencing, similarly prohibited their efforts as well.
The perception that free blacks were sympathetic to the plight of their enslaved brothers, and the dangerous example that "a Negro could be free" also caused the slave states to pass laws designed to disarm all blacks, both slave and free.
Unlike the gun control laws passed after the Civil War, these antebellum statutes were for blacks alone.
In Maryland, these prohibitions went so far as to prohibit free blacks from owning dogs without a license, and authorizing any white to kill an unlicensed dog owned by a free black, for fear that blacks would use dogs as weapons.
Mississippi went further, and prohibited any ownership of a dog by a black person. One example of the increasing fear of armed blacks is the change to the Tennessee Constitution, where Article XI, 26 of the Tennessee Constitution was revised from: The year before, the Tennessee Supreme Court had recognized the right to bear arms as an individual guarantee, but there is nothing in that decision that touches on the subject of race.
Huntlythe North Carolina Supreme Court had recognized that there was a right to carry arms guaranteed under the North Carolina Constitution, as long as such arms were carried in a manner not likely to frighten people.
An statute provided: That if any free negro, mulatto, or free person of color, shall wear or carry about his or her person, or keep in his or her house, any shot gun, musket, rifle, pistol, sword, dagger or bowie-knife, unless he or she shall have obtained a licence therefor from the Court of Pleas and Quarter Sessions of his or her county, within one year preceding the wearing, keeping or carrying therefor, he or she shall be guilty of a misdemeanor, and may be indicted therefor.
Newsom was convicted by a jury; but the trial judge directed a not guilty verdict, and the state appealed to the North Carolina Supreme Court. The 17th article of the North Carolina Constitution declared: That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
The defendant is not indicted for carrying arms in defence of the State, nor does the act of prohibit him from so doing. Its only object is to preserve the peace and safety of the community from being disturbed by an indiscriminate use, on ordinary occasions, by free men of color, of fire arms or other arms of an offensive character.
Self preservation is the first law of nations, as it is of individuals. Unlike a number of other state constitutions with right to keep and bear arms provisions that limited this right only to citizens,  Article 17 guaranteed this right to the people -- and try as hard as they might, it was difficult to argue that a "free person of color," in the words of the Court, was not one of "the people.
The Georgia Supreme Court found in Nunn v. State that a statute prohibiting the sale of concealable handguns, sword-canes, and daggers violated the Second Amendment: The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all of this for the important end to be attained: Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I.
We are of the opinion, then, that so far as the act of seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self- defence, or of his constitutional right to keep and bear arms.
But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void Within a single page, the Court had gone from "right of the whole people, old and young, men, women and boys" to the much more narrowly restrictive right of a "citizen.
The decision Cooper and Worsham v. Savannah was not, principally, a right to keep and bear arms case. Samuel Cooper and Hamilton Worsham, two "free persons of color," were convicted of failing to pay the tax, and were jailed.
State about "the right of the people," really only meant white people.The Embarrassing Second Amendment Sanford Levinson University of Texas at Austin School of Law Reprinted from the Yale Law Journal, Volume 99, pp. One of the best known pieces of American popular art in this century is the New Yorker cover by Saul Steinberg presenting a map of the United States as seen by a New Yorker, As most readers can no doubt recall, Manhattan dominates .
Hot Off the Press: Urgent Survey for Members of the U.S. Senate - Washington, D.C. Obama has no power to overrule the Bill of Rights; Corrupt Practices and Misuse of Power. Debates on gun control are fraught with emotion and personal opinion. Statistics are easily manipulated, and gun control debate questions arise with each new tragedy. Moreover, the phrasing of the Second Amendment has been a topic of discussion since long before Justice Scalia’s ancestors had even thought about emigrating to America.
GUN CONTROL PERSUASIVE ESSAY. Persuasive essays are largely similar to argumentative ones, so much that it may be difficult to pinpoint the difference at first. Mar 28, · Stevens was on the losing end of a ruling in which the high court held that the Second Amendment gives individuals the right to own a gun for self-defense.
Essay on Gun Control: Is It Really in the Second Amendment Words | 4 Pages The Second Amendment states 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 Racist Roots of Gun Control.
Argumentative Essay: Gun Control Violates The Second Amendment of the Constitution - The U.S. should not have gun control laws. The Second Amendment to the Constitution states 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.”. Georgetown Law Journal; The Second Amendment: Toward an Afro-Americanist Reconsideration, by Robert J. Cottrol and Raymond T. Diamond. The Gun Control Act of (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.. The GCA was signed into law by President Lyndon B. Johnson on October 22, , and is.
The historical record provides compelling evidence that racism underlies gun control laws -- and not in any subtle way. Oct 05, · I have never understood the conservative fetish for the Second Amendment. From a law-and-order standpoint, more guns means more murder.
“States with higher rates of gun .