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 ***** bear arms? A Critical Look on the Issue of Individualism and Collectivism in ***** Interpretation ***** the Second Amendment

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

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

***** thesis ***** will be discussed in this paper assumes the stance that the right to bear ***** should be based on a collectivist view, for every individual right, if subjected to interpretations favoring ***** purposes only, would defeat ***** objectives of the formation ***** the Constitution itself. Thus, in accordance ***** the objectives of the Constitution, which is to guide both civil society and ***** political system ***** governance and to ensure social order, the right to bear arms must be interpreted in the context of the individual vis-a-vis his/her rights' effect on the *****. Thus, ***** the right to ********** ***** caused or will cause detriment to the civil society, then this right should not be considered 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 the ***** United ***** vs. Emerson, wherein the issue of ***** right to bear arms surfaced. In analyzing the Court's decision to defer Emerson's ***** ***** ***** arms, Busch stated that ***** decision was made because the Court's decision was "collective" in nature, where***** the welfare of the civil *****, ***** ***** danger posed by Emerson became the contentions against his case. In asserting that ***** right to bear ***** must be interpreted in the collectivist point of view, the author rationalized that "***** more collectively the right is interpreted, the more broadly Congress can legislate to restrict the ***** to *****ar arms" (347). In effect, what made sense in Busch's analysis is that this particular right, as ***** in the Constitution, must be ***** ***** the proper context. Thus, *****'s ownership of a gun for militia *****, whether he h***** the intent to use this or not, is a thre*****t to civil society; hence, the ***** decision ***** deny him his rights to *****ar arms is considered just, in the collectivist's po*****t of view.

Spitzer (*****) argued against Busch's position regarding the interpretation of ***** right. For him, the right ***** bear arms is considered part of


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