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Beschreibung

The 2nd, 8th and 18th Amendments explained. Why some are justified and some are not. Why some of them should serve as an example for the rest of the world. Personal thoughts supported by facts.

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Veröffentlichungsjahr: 2020

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Artur Szulc

America's controversial Constitutional Amendments and its influence on the global arena

BookRix GmbH & Co. KG81371 Munich

America's controversial Constitutional Amendments and its influence on the global arena

Introduction:

Nowadays, the laws I will talk about in this book are a sort of a taboo outside the USA. Especially, in the “liberal” countries. These laws, or rights are:

 

-The right to bear arms. Enforced by the infamous 2nd Amendment of the US's Constitution which reads - "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."

 

-The possibility of the capital penalty, or the right to sentence someone to death. However, excessive punishments are limited by the 8th Amendment, as it states - “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

 

-And the only Amendment in the history of the United States ever to be repealed – the 18th. This prohibited the manufacture, sale, or transportation of alcoholic beverages for consumption: repealed in 1933.

 

Personally, I am a follower of the 2nd Amendment, a pro-pro death sentence for the most severe crimes, and an anti-prohibitionist, as the outcomes of these 2 rights and 1 prohibition are far worse than its counterparts.

 

I will try to explain these throughout this book using data, and confirmed statistics as objective as possible.

 

It is extremely important to say that the United States of America had only ONE Constitution since almost the beginning of the US as an independent and sovereign country. By saying almost I mean that the US gained independence from the British in the 1776, and their Constitution was created in 1787, taking effect a year and a half later. It was March 4th 1789 to be precise. To this date, Americans have the same Constitution, nonetheless, it received a total of 27 Amendments (which can be explained as additions). The last one was submitted in 1971, being completed the same year, after only 100 days, being this, the fastest Amendment ever to be completed after its submission, for the other hand, the 27th was completed in 1992, after almost 203 years of being submitted, that one was the last Amendment in terms of being completed.

 

The Constitution with its Amendments is a holy writing for the Americans, regulating their rights and freedoms.

Chapter I: The 2nd Amendment. Gun ownership, the lesser of two evils.

 

"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."

 

James Madison proposed the Second Amendment after officially ratifying the Constitution, as a way to provide more power to state militias. It was deemed a compromise between Federalists — those who supported the ratified Constitution — and the anti-Federalists — those who supported the idea of States with more independent and sovereign power. Having just used guns and other arms to ward off the English, the Amendment was originally created to give citizens the opportunity to fight back against a tyrannical federal government.

 

The second Amendment to the US Constitution, was ratified on December 15th 1791 as part of the Bill of Rights. It grants the right to own firearms.

 

Gun ownership in the US has become a topic of controversy. Some people think it will be better to ban and get rid of the second Amendment, usually Democrats, as they think taking guns from law-abiding citizens will solve the problem of gun related crime. Other people, usually Republicans, think the opposite.

 

The true option, is, not so obviously, the second one. And I will give arguments to prove it.

 

It was not until the assassination of John Fitzgerald Kennedy, in Dallas, 1963, when the firearms purchase restrictions have become an obsession. The public started to think that permissive gun laws were becoming a problem, as Lee Harvey Oswald (and obviously a second shooter, although Warren commission stated otherwise) was able to get the Carcano rifle he shot Kennedy from the 6th floor of the Texas School Book Depository in Dealey Plaza.

 

As seen on the table located under this link, and the attached map (https://en.wikipedia.org/wiki/List_of_mass_shootings_in_the_United_States) we can see that the above moment was the apogee regarding the beginning of anti-second Amendment era.

As clearly stated in these facts, the number of mass shootings between the 1920's and 1963 was 9. In comparison, this number, in 2019 alone, was 18.

 

Needless to say these restrictions brought nothing useful, as the gun related crime have significantly increased since then.

 

Some gun control advocates state that mass shootings are only a part of gun related crime, however, these are the only viable source of objective data, as the overall gun deaths rate include, in a big part, suicides, accidents and kills by self-defense which cannot be count as crime, even, in my opinion, in case of self-defense, where you have to kill or be killed.

 

The other sources of gun deaths are:

 

32,000 gun deaths in 2017 -60% are suicide - 19,200 -3% are accidents - 960 -4% are justified - 1,280 (thousands of instances of firearm self-defense occur annually, most go unreported) -33% are homicides - 10,560 -but 80% of homicides are gang related – 8,448 (which involves 100% illegally owned weapons anyway, so no further restrictions will help that). That leaves 1,712 people in a country with a population of 325 million people. There is a 0.00003% chance of death by a firearm, but if not part of a gang, don't commit a crime, or don't plan on committing suicide, there's actually a 0.000005% chance of death by a firearm in this country.

 

Gun accidents: