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

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

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

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

***** (*****) argued ***** Busch's position regarding the interpretation ***** t***** right. For him, the right ***** bear ***** is considered part of


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