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Posted: February 9th, 2023

The Second and the Fourteenth Amendment

The Second and the Fourteenth Amendment
The Fourteenth Amendment of the United States Constitution is one of the most robust changes made on the document. The amendment tackles fundamental issues on the rights of citizens and the rights of equal protection under the law. The change in law followed the American Civil War and the main cause for amendment was eradicating slave trade. There was opposition to the changes particularly among the confederate states that relied heavily on the labor of slaves in the plantations. However, many years on, the fourteenth amendment continues to unravel its practicality to issues on fundamental human rights and the limitation to the sovereignty of states. The fourteenth amendment addresses issues on human rights profoundly to the extent that in reinforces some of the gains attained earlier like the second amendment.
On the other hand, the Second amendment of the constitution is one of the most debates changes to date. A basic interpretation of the amendment appears to protect the right to hold and bear arms (Ginsburg & Melton, 2015). To that extent, the amendment is the core of the pro-gun proponents. However, there is a different interpretation of the amendment. Waldman argues that the second amendment did not create the individual right of gun ownership (Waldman, 2015). All amendments of the United States Constitution followed the present historic moments.
During the period of the second amendment, the Republic young and there was a need to protect the gains made from the hostile forces such as the English. The amendment gave individuals the right to hold arms and form lawful militia in defense of the sovereignty acquired (Ginsburg & Melton, 2015). Therefore, the right to hold arms was only lawful within the context of a regulated assembly of people with a clear objective in mind. Nevertheless, over the years the interpretation of the law has developed to encompass protection of the individual rights to bear arms. The second amendment states that a regulated militia is imperative for a free state. To that extent, the amendment protects the liberty of states to do what is right for its people.
The second amendment right gains more protection under the fourteenth amendment because states receive guidance on how to exercise the freedoms. A general reading of the United States Constitution protects the sovereignty of each of the states (Ginsburg & Melton, 2015). The Fourteenth amendment protects that right but it places the individual right a citizen from anywhere in the country above the confinements of State laws and boundaries. Each citizen can exercise fundamental freedom in any state of the country. All citizens have equal protection under the United States Constitution through the fourteenth amendment.
The Fourteenth amendment has four clauses that address specific issues. First, the citizenship clause states that any citizen of the United States had the right to belong to any State that they reside. On the other hand, privileges clause states that no state has can make laws that abridge the rights of another state. Additionally, the due process clause argues that no person should lose property, life or liberty without due process in any of the states. The final clause on equal protection argues that no state can deny equal protection to any individual within their jurisdiction. The equal protection clause reinforces the gains of the second amendment. The law enforcement officers fulfil the criteria of a well-regulated militia that protect the rights of the citizenry and the privileges of the state.

Ginsburg, T., & Melton, J. (2015). Does the constitutional amendment rule matter at all? Amendment cultures and the challenges of measuring amendment difficulty. International Journal of Constitutional Law, 13(3), 686-713.
Waldman, M. (2015). The second amendment: A biography. Simon and Schuster.

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