2nd Amendment to US Constitution Essay

2nd Amendment to U.S. Constitution

Laws regarding the use and safety of weapons in the United States date back to

1837, when Georgia's ban on handguns was ruled unconstitutional. Subsequent legislation has been scrutinized by courts -- including the High Court -- and in numerous cases the rulings have supported a citizens' right to keep and bear arms except in certain cases. In District of Columbia v. Heller, the last decision offered

by the Supreme Court in 2007, a law banning handguns was struck down based

on the Second Amendment. How this ruling will ultimately affect states and local governments remains to be seen, but this paper carefully reviews opinions from the majority and minority on the Court. This paper also presents what the Court considers enumerated rights and how the gun lobby might be impacted by the ruling -- as well as those advocating for gun safety. Scholarly, peer-reviewed articles and a thorough conclusion are presented, summing up the main points and the significant expected outcomes of District of Columbia v. Heller.

Introduction

The United States Supreme Court presently leans consistently towards rendering conservative rulings: in years (including 2007) there were five Republicans and four Democrats, and although the names of justices have changed, today there are also five Republicans (conservative Justices Scalia, Kennedy, Thomas, Alito and Roberts) and four Democrats (progressive Justices Breyer, Stevens, Sotomayor and Kagan). (That 5-4 majority is powerful enough to decide a presidential election; to wit, George W. Bush was elevated to the presidency based on that 5-4 conservative majority in the 2000 election.)

It's a fact of judicial life in America that High Court rulings in controversial issues -- including this particular case, gun safety and gun law issues -- are expected to…