PRAWO DO POSIADANIA I NOSZENIA BRONI W II POPRAWCE DO KONSTYTUCJI STANÓW ZJEDNOCZONYCH AMERYKI – UJĘCIE ORYGINALISTYCZNE
Journal Title: De Securitate et Defensione. O Bezpieczeństwie i Obronności - Year 2017, Vol 3, Issue 2
Abstract
The purpose of this paper is to present an originalist interpretation of the II Amendment to the U.S. Constitution, which guarantees the right to keep and bear arms for the American citizens. The article, in a holistic manner, depicts the fundamental problems and the main interpretative strands of the law, as well as provides its scrupulous historical and linguistic analysis. The problems which are being evaluated, consist of the general legal character of the regulation and the meaning of the terms articulated therein, such as “militia”, “state”, “people”, “keep”, “bear” and “arms”. The interpretative conclusions of this paper significantly overlap with the originalist argumentation presented to the U.S. Supreme Court in a remarkable case Heller v. District of Columbia from 2008 in which the Court ruled establishing the judiciary line of authority stressing the individualist theory of the right to keep and bear arms. This paper, although based on the American legal experiences, could also be an important voice in the debate on gun rights in Poland.
Authors and Affiliations
Łukasz Bartosik
Keywords
Related Articles
- EP ID EP327920
- DOI -
- Views 106
- Downloads 0
MECHANIZMY I PROBLEMY PSYCHOSFERY I SOMATOSFERY BEZPIECZEŃSTWA ZDROWOTNEGO
The article raises a subject of mechanisms and problems of somatosphere and psychosphere of health safety. At the beginning of deliberations a term of health with its classic division was introduced. Health is not merely...
TECHNOLOGIA WŁADZY A POSTRZEGANIE WSPÓLNOTY, PYTANIE O GRANICE BEZPIECZEŃSTWA
Community, its perception and understanding constitutes one of the elements, or one of the aspects, of society formation. The foundation of the constitution of community as such is the process of establishing broadly und...
PRZEMYT MARIHUANY JAKO ŹRÓDŁO PATOLOGII ORAZ ZAGROŻENIE BEZPIECZEŃSTWA SPOŁECZNEGO I EKONOMICZNEGO W POLSCE
Drug trafficking is a threat to both social security and economic development. Ensuring internal security involves eliminating threats, avoiding them and reducing the probability of their occurrence in the future. Mariju...
IZRAELSKA KONCEPCJA UDERZENIA WYPRZEDZAJĄCEGO I WOJNY PREWENCYJNEJ
Since the 1950s, pre-emptive strike and preventive use of force have constituted the core of the defense doctrine of Israel. Elements of such military actions can be also found in the current Israeli warfare concept, in...
ZAGROŻENIA DLA LOTNICTWA CYWILNEGO
Ensuring security in the civil aviation sector is a priority activity for many aviation organizations. This is confirmed by numerous documents regulating civil aviation security problems, issued not only at the level of...