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

In the United States Constitution, ***** Second ***** conta*****s the rights of citizens as individuals, ***** which the 'right to ***** arms' is considered part of the conditions stated. The issue ***** a citizen's right ***** bear arms, or guns, is a deb*****te 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 looking at this issue, wherein ***** issue of the right ***** bear arms is argued based on the judicial system's interpretation ***** th***** right: whe*****r the right to bear arms should be interpreted ***** on an individualist or collectivist point of view.

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

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

Spitzer (2003) argued against Busch's position regarding the interpretation ***** t***** righ*****. For him, the right ***** bear arms is ***** part of

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