Vol. III - Penn State Abington

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The next two phrases Halbrook breaks down are “well regulated militia” and “being necessary to the security of a free State.” Halbrook defines a well regulated militia as “a group of all able-bodied men whose training is regulated by customary rules and methods” (2008). Halbrook argues that since the Second Amendment states that a well regulated militia is necessary “to the security of a free State,” then having militias, contrary to popular belief, can never be antiquated and is directly related to this country’s fulfillment and protection of its republican ideology. The “security of a free state” can come in the form of militia protection from outside invaders, an individual protecting his property from a criminal threat, or protection from governmental oppression (2008). Halbrook rebuts the argument that there is no right to bear arms since there are no more militias. As a future law school student, I can appreciate his logic. He derives it from what he calls conditional syllogism: if A, then B. Opponents of gun rights have claimed that if there is A) a well regulated militia, then there is B) the right to bear arms. Here lies the crux of the argument. While condition A is sufficient enough to bring about condition B, it may not be the only reason that the resulting condition B can come about (2008). As a result, opponents of the right to bear arms cannot negate the second part of this clause. In short, while exploring the language of the Second Amendment in detail and placing it within the historical context, as well as in the context of the other amendments within the Bill of Rights, we can conclude that it was the intention of the Founders for the right to bear arms to be an individual right, independent of the importance of militias. Even though, through legislation or other actions, the opponents of the Second Amendment have hoped to render the Amendment null and void, the Founders’ original intentions have largely withstood the test of times and have been re-iterated by the (correct) Supreme Court decision in District of Columbia v. Heller. References Criminal Offenses and Penalties of 2008. Council of the District of Columbia. D.C. Code § 22-4504. (2009). District of Columbia v. Heller. 554 U.S. ___ 2008. Retrieved from http://www.oyez.org/cases/2000-2009/2007/2007_07_290 Doherty, B. (2008). Gun control on trial: Inside the Supreme Court battle over the Second Amendment. Washington D.C.: Cato Institute. Firearms Control Regulations. Council of the District of Columbia. D.C. Code § 7-2502.01. (2009). Halbrook, S. P. (2008). The founder’s Second Amendment: Origins of the right to bear arms. Chicago: Independence Institute. McAffee, T. B., and M. J. Quinlan. (2008). Bringing forward the right to keep and bear arms: Do text, history, or precedent stand in the way North Carolina Law Review, 75, 781- 803. THE DIALECTICS ▲ 2009 www.abington.psu.edu/dialectics 49
Spitzer, R. J. (2003). The Second Amendment ‘Right to Bear Arms’ and United States v. Emerson, St. John’s Law Review, 771, 28-44. United States v. Bledsoe. 2008. U.S. Dist. LEXIS 60522. Uviller, H. R., and W. G. Merkel. (2002). The militia and the right to Arms, or, how the Second Amendment fell silent. Durham, N.C.: Duke University Press. THE DIALECTICS ▲ 2009 www.abington.psu.edu/dialectics 50
Page 1 and 2: EDITORIAL BOARD STUDENT EDITORS The
Page 3 and 4: A Call for Essays The Dialectics: J
Page 5 and 6: one described in the opening paragr
Page 7 and 8: The United States of America, 2025
Page 9 and 10: UGANDA: CONFRONTING A HUMAN RIGHTS
Page 11 and 12: the astounding prevalence of HIV/AI
Page 13 and 14: It is evident that much more needs
Page 15 and 16: LEGAL AID CLINICS IN CHINA: BRIDGIN
Page 17 and 18: ecame the country with the largest
Page 19 and 20: China’s legal aid is multiplying,
Page 21 and 22: SOCIAL CAPITAL IN URBAN PUBLIC SCHO
Page 23 and 24: leadership style, not the legitimac
Page 25 and 26: capital formation (Paxton, 2002), t
Page 27 and 28: http://pubadvocate.nyc.gov/advocacy
Page 29 and 30: that need to be made to protect and
Page 31 and 32: REFORMING THE CREDIT RATING AGENCIE
Page 33 and 34: their operations in a short time to
Page 35 and 36: the current financial crisis. Just
Page 37 and 38: transactions have become increasing
Page 39 and 40: yet, this is a good opportunity for
Page 41 and 42: TAXATION WITHOUT AGGRAVATION: A CAS
Page 43 and 44: In 2008, more than 250 million peop
Page 45 and 46: AMERICA’S LOST DECADE By Justin K
Page 47 and 48: THE SECOND AMENDMENT: RELIC OR REQU
Page 49: whose sole job is to promote an env
Page 53 and 54: say, that if one set of expression
Page 55 and 56: an anthropological study on a parti
Page 57 and 58: European Commission. (2001). Direct

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