We see Michael Psellus in the 11th Century surprisingly contrasting "the ancient and lesser Rome, and the later, more powerful city" [!
Originally published as 2 Hastings Const. Reprinted in the Senate Reportpg. For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S.
Guns and the Constitution As a result of a steadily rising crime rate in recent years, a sharp public debate over the merits of federal firearms regulation has developed. The number of robberies jumped fromin toinwhile murders committed by guns shot up from 5, to 10, in the same period, and the proportion of cases in which the murder weapon was a firearm rose from Kennedy, and the maiming of George Wallace.
Many people assert that these tragedies could have been prevented by keeping the murder weapons out of the hands that used them.
Others vehemently dispute this claim. The free flow of firearms across state lines has undermined the traditional view of crime and gun control as local problems. In New York City, long noted for strict regulation of all types of weapons, only 19 percent of the homicides of involved pistols, bythis proportion had jumped to 49 percent of 1, The great majority of the American people now support registration of both handguns and rifles.
When the Gallup Poll asked the p. Even gun-owners endorsed registration by a margin of 55 percent to 39 percent with 6 percent undecided. American history has often seen social and political problems transformed into constitutional issues.
They therefore assert that "the right of the people to keep and bear Arms" is a collective right which protects only members of the organized militia, e. It is their belief that no one else can claim a personal right p.
Opponents maintain that having guns is a constitutionally protected individual right, similar to other guarantees of the Bill of Rights. Some hold this right to be absolute, while others would allow reasonable restrictions, perhaps even licensing and registration.
Still others would limit the protection of the Second Amendment to individuals capable of military service and to weapons useful for military purposes.
The essential characteristic of the "individualist" interpretation, as opposed to the "collectivist" view, is that the Second Amendment precludes, to some extent at least, congressional interference in the private use of firearms for lawful purposes such as target shooting, hunting and self-defense.
It is one of the ironies of contemporary politics that the many of the most vocal supporters of "law and order" are persistent critics of federal firearms regulation.
Whereas strict constructionism is often the preferred doctrine in interpreting the constitutional rights of criminals, such a narrow view of the Second Amendment is unacceptable. Far from being narrowly construed, the Second Amendment is held out to be a bulwark of human freedom and dignity as well as a means of safeguarding the rights of the individual against encroachment by the federal government.
It thus becomes a weapon in the arsenal of argument against gun control, and each new proposal is said to infringe upon the rights of the people to keep and bear arms.
The clash between "collectivist" and "individualist" interpretations of the Second Amendment has not been definitely resolved.Bouvier's Law Dictionary Edition. P. PACE.A measure of length containing two feet and a half; the geometrical pace is five feet long.
The common pace is the length of a step; the geometrical is the length of two steps, or the whole space passed over by the same foot from one step to another.
Hastings Constitutional Law Quarterly; Standing Armies and Armed Citizens: An Historical Analysis of The Second Amendment, by Roy G. Weatherup. Other states have passed laws to maintain the legality of abortion if Roe v. Wade is overturned. Those states include California, Connecticut, Hawaii, Maine, Maryland, Nevada and Washington.
The Mississippi Legislature has attempted to make abortion unfeasible without having to overturn Roe v. Wade. The Mississippi law as of was being challenged in federal courts and was temporarily . Screening the Industrial City Saint Etienne, France, November Deadline for proposals: 31 January Cinema, an art of the masses yet also a very bourgeois art form, was born in the wake of industrialisation in the late nineteenth century.
This week's topic: How to argue the pro-choice position. Common Argument #1: A fetus is a human being, and human beings have the right to life, so abortion is murder.
The Most Important Abortion Case You Never Heard About How we got to this week’s abortion showdown — and how Justice Scalia’s views could help shape the outcome.