Monday, September 24, 2012

Court Case of 2nd Amendment

There are five supreme court case that happened in past. The five supreme court cases are
U.S v. Cruikshank(1876),  Presser v. Illinois(1886), Miller vs Texas(1894), U.S. v. Miller(1939),
and Lewis v. U.S.(1980). Although one of the supreme court refused to hear Burton vs Sills(1968). 
One of the court cases I will be talking about are Presser v. People of Illinois. 
Herman Presser was found guilty of parading a group of armed mann without a authorization in the state of Illinois. The defendant claimed that Illinois law violated provisions in the Constitution including the Second Amendment.
The court state again as a fact that the Second Amendment applied a limitation only on the national government. However, the court in dicta(a side opinion that does not form part of the judgement for the purposes of precedent wrote that it's undoubtedly true that all citizens are capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states.
The Presser court expressed that the opinion that the states were prohibited from disarming "all citizens capable of bearing arms" because it conflicted with the federal government's right to reserve military force and militia powers granted to congress by the constitution.

The court disposed Presser's argument that there exists a right to assemble, drill, or march in a militia independent of authorization by state or federal law.
So now military organization and military drill and parade under arms are under the control of the government of every country.

For my opinion, I think the same with the court because I also think that the military that's underarms should be under the control so nothing can happen. For the people who is not in military and still have a gun should just behave or don't use a gun except for protections.



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