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What is the intended scope of the second amendment to the Constitution of the United States? Is it an example of an “individual rights theory” or a “collective rights theory”?



Everytime that a massacre happens in the United States , the debate about gun control comes out to light again.

The right of carrying a weapon for self defense is often associated with the United States of America where, with few limitations by law, is fully recognized. But in reality its origins are older and the original interpretation  is different from what it is today.

The second ammendment says "A well regulated militia being necessary to the security of a free State, the right of People to keep and bear arms, shall not be infringed". 

It is from this ammendment that the two theories, individual and colective rights, are going to debate each other because they understand in a different way what the ammendment say. 

The ones that support the individual rights theory state that the constitution restricts legislative bodies from prohibiting firearm possession. On the other hand, the ones who support the colective rights theory say that the second ammendment was created to restrict the Congress from legislating against the state's right to self-defense. 

The second ammendment was written a long time ago, and that was a time when the government was still young and it was just established because it was right after the independence. It was supposed to defend the individual from any abuse. Freedom was really important back then and that's why people were allowed to posses weapons. 

Nowadays things have changed, but the ammendmenst is still there without any restoration, instead of the citizens taking care of the government, they have to defend themselves from another citizens, and that's why arms are legal. But we have to take into account the massacres in which innocent people have lost their lives to a maniac who is free to carry a gun. 


I think that the solution is to avoid the sale of weapons to individuals, that means that i'm in favor of the colective rights theory. That way people like us won't have the right to buy weapons not even the ones that are used in the army. 

    


1 comentario:

Unknown dijo...

Ana MAría: your blog is well informed and developed, giving an accurate answer to your questions. I can tell that you ahve looked at different sources and used information outside of what was taught in the classroom. I am concerned witht he lack of references, either to websites or authors, so pelase make sure next time that you start quoting authors in your blog to show the extent of your literature review. Also, you can make your opinions much stronger if you support them with authors that you ahve read, so pelase try and do that to make your arguments "stand taller". Overall it was a very good job. Grade: 4.3 Louis MOnroy