Is the second amendment in the constitution?

Answer 1

The Second Amendment isn't bad. Ignorance about firearms and the true causes of violence is bad.

• The second amendment is neither good nor bad, it is law. Written as the second point in the Bill of Rights it holds sway over everything the founding fathers thought was important other than the 1st amendment's prohibition of the establishment of religion, the free exercise of religion, the freedom of speech, freedom of the press and the right of the people to peaceably assemble, and to petition the Government for a redress of grievances. Certainly these aren't considered bad but as cornerstones of an American Republic. The wording of the second amendment is usually how those who oppose individual gun rights try to establish restrictions on gun ownership. They point to the well regulated militia clause and want to say that guns should only be for well regulated militias or more specifically the military. The latest ruling on this issue was just a couple years ago when the Supreme Court struck down a Washington DC law that restricted individual gun rights. Writing for the majority Antonin Scalia wrote, "Nowhere else in the Constitution does a "right" attributed to "the people" refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention "the people," the term unambiguously refers to all members of the political community, not an unspecified subset. This contrasts markedly with the phrase "the militia" in the prefatory clause. As we will describe below, the "militia" in colonial America consisted of a subset of "the people"- those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to "keep and bear Arms" in an organized militia therefore fits poorly with the operative clause's description of the holder of that right as 'the people'". So, whether a single person thinks the 2nd amendment is bad or good is irrelevant. It is law. It can be changed, of course. Not through court decisions but rather a new law. To ratify a new amendment it takes 2/3rds of the Congress and 3/4ths of the states. Good luck with that.

Answer 2

Yes. The second amendment to the constitution is in the constitution as is every other amendment to the constitution. The people have the right to possess firearms. On the other hand, the main body of the constitution gives congress the right to determine the rules concerning the possession of firearms and the training the people for their possession.

The states also have their responsibilities.

This current chaos does not come from a strict construction of the constitution.