The 2nd Amendment of the U.S. Constitution

It’s a very brief sentence but it is some of the hardest and most obscure words to interpret in the English language. This amendment which guarantees that an American has a right to bear arms (weapons) can spark vigorous, and intense debates on both sides of the coin. To bear an arm implies that a person physically carries or houses a weapon.

The Supreme Court has faced the issue of deciding which types of guns are allowed. The Justices declared that the Second Amendment protects weapons which are “in common use” but not those that were deemed “dangerous and unusual.” This vague language continued to spark debates as people demanded clarification.

As time progressed the Supreme Court’s interpretation has changed. Prior to the 2008 Supreme Court’s District of Columbia v. Heller decision, their ruling was that the Second Amendment did not guarantee the right to bear arms. But with their 2008 ruling, the Court implicitly stated that it is a right for an individual to have a firearm and it doesn’t need to be associated with a military service.

Eventually, the Court issued an explanation saying, that to totally ban firearms from U.S. citizens was nothing short of a prohibition on all guns that individuals owned for the purpose of self-defense. Also on the docket was the language that stated that in order for a person to lawfully own a gun, it must be disassembled or secured by a trigger lock. Again the Court ruled that this was a violation of Second Amendment rights; what purpose was owning a firearm if it was rendered useless for self-defense. The Court added that since ancient times, legal systems across the globe have given citizens the right to defend themselves.

Banned Weapons and Locations

A Federal law prohibits weapons on government property. For example, someone taking a gun into a Post Office will be subject to arrest. Weapons are also not permitted in federal buildings, federal prisons federal courts, aircrafts, ranger stations and national cemeteries. According to TSA, if travelers want to take a gun on an aircraft, it must be checked as baggage and be safely locked in hard-sided container.

Again, this is a very brief account of the 2nd amendment and what it entails. We could go into a debate on this topic that would last for an eternity. This post is meant to provide some general, background info. What are your thoughts?

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Three Branches of U.S. Government

When the founding fathers began to write documents that would structure our new democracy, they wanted to ensure that no one person had too much authority. So they designed the language to create separation powers. The three branches are, Legislative, Judicial and Executive.

The Legislative branch makes the laws, and is comprised of both houses of Congress: Senate and House of Representatives. Each state can elect two senators. However, states are allotted a number that’s representative of their total population. Senators can serve a six-year term but representatives must be re-elected every two years.

Once the bill becomes a law, the Executive branch has the responsibility of enacting it. Those in the Executive branch are the president, vice present and 26 cabinet members, who serve as the presidents expert advisers. The president nominates an individual to head various departments and agencies. This person must be confirmed by a majority vote in the Senate. Besides being the head of the government, the president also serves as the commander-in-chief of the U.S. military.

Finally, the Judicial branch, the group that evaluates the validity of the law, is headed by the Supreme Court. Nine justices sit on the Court, are appointed by the president, and confirmed by the Senate to serve a life term if wish.

The intention of the founding fathers was that these three branches work in unison to promote law and order. This accomplished by a system of checks and balances.
Normally, when a president finishes his term, the cabinet members also leave, as the incoming president will make his or her own selections.

Order of Presidential Succession

The 25th Amendment to the Constitution ratified in 1967 provides an outline of the president’s succession plan upon his or her death. The next in line is the vice president, followed by the speaker of the house. Should the speaker be unable to fill his or her duties, the president pro tempore of the Senate and then the Secretary of State.

This just briefly touches on the structure of our government in the United States. We have a number of attorneys employed here who are well versed in our government and federal law. Do not hesitate to reach out for more information.

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