Constitutional Law

Answer 1 THE PROPOSED 28TH AMENDMENT

I propose that there be an amendment to the second amendment that will change the entire wording to read differently and in so doing change the whole application of the amendment . I propose that the wording be changed from

`A well regulated militia being necessary to the security of a Free State , the right of the People to keep and bear arms , shall not be infringed

to read

`A well regulated militia being necessary to the security of the United States of America , the

right of the state government to keep and bear arms , shall not be infringed

The new wording of the proposed 28th amendment will be taken to mean that the only militia that should be allowed to exist should be one that protects the USA as a whole and not a particular state on its own . This is important because the 2nd amendment in its current form leaves a window for a state to set up its own militia in direct competition with the US army . Such a situation is dangerous as a governor may decide to wage war against the United States of America . The 2nd amendment allows a governor to recruit , arm and deploy troops , effectively challenging the authority and sanctity of the USA . This oversight needs to be removed . Secondly , the wording of the new bill gives the authority to bear arms not to the individual but to the state . By setting up its own laws regarding the delegation of its authority to bear arms , the states will effectively be able to control the ownership and use of guns within its jurisdiction . The actual spirit of the 28th amendment is to put guns and the use of them in responsible hands

This amendment is necessary to reign in the different laws governing gun control nationwide . Various attempts to control guns in the wrong hands have been frustrated by lobbies that fight for guns to be held by civilians . The Brady Handgun Violation Act of 1993 effectiveness was hampered by the window left open at weekend gun shows . Gun dealers were able to sell guns freely at these events without facing the stringent measures spelled out in the bill . Further , the lapse of a 10 year ban on assault weapons on 13th September 2004 in Congress shows that the anti ban lobby has strong proponents in high places . Court cases over the interpretation of the second amendment have yielded different interpretations . In the case of United States vs . Emerson , the United States Court of Appeals for the Fifth Circuit ruled inter alia

` .thus indisputably reflecting that under common usage 'bear arms was in no sense restricted to bearing arms in military service

This ruling gave the individual the right to own arms without any restrictions being placed on him . Currently there are too many cases of civilians running amok and killing people indiscriminately Schoolchildren have not been spared from this terrible practice . The news has been awash of...