The second amendment
The meaning of the first amendment is widely accepted by
liberals and conservatives alike. The same could not be said of the second
amendment. The division between a liberal interpretation and a conservative
interpretation of the second amendment matters deeply due to the prevalence of
gun ownership within the states, and the emotional attachment to which the
American people have towards the right to bear arms. For many people, it is
truly a symbol of what is means to be an American.
To those on the right, the second amendment allows an
individual to own a gun. As the Roberts
Court made clear in DC v. Heller (2008), the
second amendment protects an individual’s right to bear firearms. This is
consistent with the broader ethos of the Bill of Rights (with the obvious exception
of the tenth amendment) which protects the rights of the individual against the
government. To liberals however, the second amendment refers to a collective
right to keep and bear arms. The wording places an emphasis upon a “militia”
rather than the individual. It is only the militia that should legally bear
arms, perhaps commanded by the governor of that state. The liberal
interpretation is also consistent with the preamble to the Constitution
(“provide for the common defense”).
Given
the highly charged nature of the debate concerning gun control, and the
ideological polarization that characterizes politics in the states; it is
difficult to identify a genuinely objective standpoint. The wording certainly emphasizes
militia, and one that should be “well regulated” and “necessary for the
security of a free state .”
However, the last fourteen words seem to support the interpretation associated
with those on the right. This being politics, the debate goes well beyond one
of semantics. It really matters to everyone in this great nation! It is
undoubtedly the case that many people within the states perceive the ownership
of a gun as an expression of individual liberty. It may be couched in
high-minded rhetoric or populist angst; but the perception is exactly the same.
Many Americans accept that they – and they alone – must protect themselves and
their families against those who threaten their property (ranging from criminals
to government-imposed tyranny). Regardless of the erudite arguments put forward
by the liberal side, millions of people view ownership of a firearm as an
individual right derived from the founding fathers.
As one might expect from a Democrat administration, Obama has tried to strengthen
gun control in the states. In the wake of the Sandy Hook
shootings, Obama set up a taskforce led by Joe Biden to consider ways in which
access to guns could be controlled. Obama also gave his personal support to gun
control initiatives in Colorado and New York City . However,
proposals to expand background checks for gun purchasers failed to gain
sufficient support in the Senate. Moreover, the Republican-controlled House of
Representatives did not even bother to consider such legislation. In 2015,
Obama candidly admitted that the failure to implement effective gun control
measures was the biggest frustration of his presidency.
In terms of public opinion, the contrast between the first and the
second amendment could hardly be greater. The American public has largely
acquiesced to some curtailment of free speech and freedom of association in
order to combat the threat of terrorism. However, the Obama administration has found
it very difficult indeed to persuade people of the need to accept gun control
measures. Revealingly, sales of firearms rose sharply after Adam Lanza shot and
killed 20 children at the Sandy Hook elementary
school. Sales were fuelled by a belief that Obama might actually succeed in
imposing stricter gun control measures. In relative terms, few countries celebrate
gun ownership with quite the same vigor and paranoia as the United States of America .
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