Constitutional Amendment Paper
After studying the federal and state constitutional systems of government what is one thing you would change about the US Constitution and what would it accomplish? For your concluding paper, write a maximum of 1,000 words paper on what amendment of the US Constitution you would propose and why. If you need examples of how other constitutions address your issue use: https://www.constituteproject.org/search?lang=en
Watch the short video about the Constitutional Amendment Paper in the window where the paper is turned in for further instructions. See the “Grading rubric” under Files on Canvas to see how the paper will be graded.
What your paper should include:
Explain which part of the US Constitution you would amend and why. Be specific about where it is located in the constitution by including the article, section, and clause or amendment, section, and clause.
If your issue is not addressed by the constitution explain why it is entirely new and unrelated.
Note, if you propose something that is related to the Constitution and you say it is not you will have a significant point deduction.
Include the proposed text of your amendment & explain what your amendment would do and how it would address and solve the problem.
Explain if your amendment has ever been proposed before and if it was what was the outcome.
Explain which of the amendment methods you would use and how you would campaign to get it.
You must include at least 4 references with in-text citations and complete APA-style citations in the bibliography. You must use at least 1 of each type of citation below. See “About Sources and References” and “About In-Text Citations” below. Keep your paper to no more than a maximum of 1,000 words (it is ok to be within 10% of the limit). Include your name, date, and name of the assignment.
Organize your paper logically into sections with subtitles. Include a concise introductory paragraph with a clear thesis and be sure to have a concise conclusion. Check the formatting to make sure your paper is organized into clear paragraphs and is readable. Proofread your paper for everything in these directions at least once before turning it in. Avoid filler quotes that add nothing of substance to your analysis. Correct syntax including verb tenses, sentence structure, punctuation, and spelling. Page numbers are at the bottom of the page. Include the word count.
Constitutional Amendment Paper
Explain which part of the US Constitution you should amend and why. Be specific about where it is located in the constitution by including the article, section, clause, or amendment, section, and clause.
Here, I would like to mention the Second Amendment, as per my opinion I would like to mention that the United States initiated the application, that allows the citizens to have the right to bear arms. This requires it to be considered a pre-existing right that allows the citizen to bear an arm. Thus, this is considered to be a well-regulated Militia that brings forth a necessity based on the Security of a free State, keeping in mind the right of the people to keep and bear arms, which shall not be infringed. I have opted to amend this because the withdrawal of the Amendment can help society to reduce the number of murders committed within American society. Apart from this, bearing guns are legalized on this note, as gangs are getting the privilege to continue their illicit and deficit works. Thus, for this reason, I wanted to amend this section of the Constitution in order to reduce the severity of crime involved with bearing guns legally (Charles 2020).
Thus, the Second Amendment to the Constitution of the United States is actually adopted by the year 1790, which is regarded as a Bill of Rights. Thus, this happens to provide a constitutional check based on the Congressional Power under Article I and Section 8, which is related to getting organized with arms, based on the discipline under federal militia. Thus, as per the United States Constitution, passing the bill which mentions hand-guns which are used for self-defense when required, is a part of the Bill of Rights, which is applicable to the states through the Equal Protection Clause.
If your issue is not addressed by the Constitution explain why it is entirely new and unrelated.
In my opinion, I would never thrive into an issue caused due to the implementation of the Second Amendment. Hence, several poets’ authors and critics have made critical analyses in order to reduce the number of guns in society, so that this can eventually reduce the number of crimes taking place within the community. Reports mentioned that till the year 2008 the Supreme Court never seriously considered the Second Amendment, as a scope of the Constitutional. Thus, in the first hearing on the subject, under the case Presser v. Illinois (1886), the Supreme Court mentioned about the Second Amendment acts as a preventive measure of the states that do not prohibit people to bear arms. Therefore, deprived of this situation, the United States uses a rightful resource in order to maintain public security, while influencing the citizens to bear guns in order to protect themselves which is like a part of the Equal Rights Clause.
In contradiction to this, I have even studied that after a gap of four decades, with the case of United States v. Schwimmer (1929), the Supreme Court again cited the Second Amendment. Moreover, this case mainly enshrines the duty of the individuals so that they can defend their own under the influence of the government against all rivals whenever there is a need based on the necessities raised as a Fundamental Principle of the Constitution. Apart from this, the Second Amendment is also required because, this mentions the common defense, which is the purpose for all the people to be ordained while establishing the Constitution (Law.cornell.edu 2021).
As compared with this, meanwhile, the Supreme Court of the United States had to stand against another case namely, United States v. Miller (1939), where the prosecution took place under the National Firearms Act (1934). Supreme Court in order to avoid addressing the scope by the Second Amendment holding on with the possession of using a shotgun, that has a barrel, which is about eighteen inches in length, which is not a part of the normal military equipment, but it is protected under the Second Amendment, therefore restriction shall be made.
Include the proposed text of your amendment
The Second Amendment of the Constitution reads about a well-regulated Militia, which is based on a necessity to give security for a free State, giving rights to the people who can bear arms and shall never be infringed. Apart from this, the language which is created is based on the considerable debate based on the scope of the Amendment (Charles 2020). Thus, in this context, it is believed that the Amendment phrase is based on the notion that gives the right to people in order to bear arms. Hence, this creates an individual based on the Constitutional right of all the citizens of the United States. Thus, the Amendment renders the theory about the prohibitory as well as restrictive regulation presumed to be unconstitutional, under the Individual Right Theory.
Explain what your amendment would do and how it would address and solve the problem
Thus, as per the Second Amendment, which helps in demonstrating the idea, based on the theory, that helps in creating the fact, that the people can bear guns with the legalized method under the Constitution. Thus, I would like to implement certain limitations to the Second Amendment because, bearing guns openly can harm several people, which includes the rate of illegal death rates. Thus, the Supreme Court of the United States is required to incorporate certain legalities into Article I in its 8th section, to amend the situation. Meanwhile, implementation of the Individual rights theory often restricts the legislative bodies that prohibit possessing firearms. Thus, as militia mentions that using a firearm, is actually accelerated with self-defense, but Framers restrict Congress from legislating the state based on the state’s right to self-defense. Therefore, as compared with the Collective Rights Theory of the second amendment that assets the citizens with an individual right that possesses authority in order to regulate firearms while implicating the Constitutional Rights (Whitehouse.gov 2020).
Explain the amendment methods you would use and how you would campaign to get it passed
Therefore, implementing certain restrictions, as the court has adopted a collective right approach while determining Congress in order to regulate restriction from using Fire guns, short guns, or use of any automatic gun under the interstate National Firearms Act of 1934. Apart from this, the implementation of certain restrictions to the Second Amendment can also help to regulate meticulously to prevent the citizen with an age limit to reduce the number the crime rate. Therefore, in case of the Second Amendment, in the case of the Constitutional Convention, helps to promote an individual right for the U.S citizen to bear firearms, but should have a proper notice in lieu of possessing the same.
References
Charles, J. D. (2020). Defeasible Second Amendment Rights: Conceptualizing Gun Laws That Dispossess Prohibited Persons. Law & Contemp. Probs., 83, 53.
Charles, P. J. (2020, November 13). Second Amendment. Encyclopedia Britannica. Retrieved from https://www.britannica.com/topic/Second-Amendment [Retrieved on 5th December, 2021]
Law.cornell.edu (2021). Second Amendment. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/second_amendment [Retrieved on 4th December, 2021]
Whitehouse.gov (2020). The Constitution. The White House. Retrieved from https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution [Retrieved on 5th December, 2021]
