Essay - Right to Bear Arms Should Civil Society Have the Right...

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Right to bear arms

Should civil society have the right to bear arms? A Critical Look on the Issue of Individualism and Collectivism in the Interpretation of the Second Amendment

In ***** United States Constitution, the Second ***** conta*****s the rights of citizens as individuals, ***** which ***** 'right to bear arms' is considered part of the conditions stated. The issue of a citizen's right ***** bear arms, or guns, is a debate that has remained unresolved, especially if a controversi*****l or celebrated case concerning the right to bear arms is in focus.

This research provides an alternative way ***** looking at this issue, wherein ***** ***** of the right ***** bear arms is argued based on the judicial system's interpret*****ion of th***** right: whether the ***** to ***** arms should be interpreted ***** on an individualist ***** collectivist point of view.

***** thesis that will ***** discussed in this paper assumes the stance that the right to bear arms should be based on a collectivist view, for every individual right, if subjected to interpretati*****s favoring individual purposes only, would defeat ***** objectives of the formation of the Constitution itself. Thus, in accordance to the objectives of the Constitution, which is to guide both civil society ***** ***** political system in governance and ***** ensure social order, the right to bear ***** must be interpreted in the context of the individual vis-a-vis his/her rights' effect on ***** society. Thus, if the right to *****ar arms caused or ***** cause detriment to the civil *****, then this right should not be c*****sidered an argument for an individual to still attain ***** right, and held not liable ***** whatever ***** the attainment of such right has for the civil society or one's community.

This point of view was subsisted in Busch's (2003) analysis of ***** case United States vs. Emerson, wherein the issue of the right to *****ar arms surfaced. In analyzing the Court's decision to defer *****'s ***** ***** bear arms, Busch stated that such decision ***** made because the ***** decision was "collective" in nature, wherein the welfare of the civil *****, and the danger posed by Emerson became ***** contentions against his case. In asserting that the right to bear arms must be interpreted in the ***** point of view, the author rationalized that "***** more collectively the right is interpreted, the more broadly Congress can legislate to restrict the ***** to bear *****" (347). In effect, what made sense in Busch's analysis is that this particular right, as stated in the Constitution, must be ***** ***** the proper context. Thus, Emerson's ownership ***** a gun for militia *****, whether he ***** t***** intent to use this or *****, is a threat to civil society; hence, the Court's decision ***** deny him his rights to ***** arms is considered just, in the collectivist's point of view.

***** (2003) argued against Busch's position regarding the interpretation of this right. For him, the right to *****ar arms is ***** part of


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