The Gun Control And Methods Of Constitutional Interpretations In The United States

The United States is a-gun-flood country and the violent crimes with guns happen frequently. The gun-control is becoming a hot topic because more and more vicious shooting incidents have happened recently. Affected by the second amendment to the constitution of United States, the government’s gun-control move forward hardly. There are many academic controversies because the second amendment itself is not clearly. And there are very fierce debates over a long period of time between the academic group associations, political parties, and groups with the same interest. The government’s gun-control act was proved unconstitutional by the judgment about District of Columbia v. Heller in the year2008because the second amendment is written to protect its citizens’ individual rights to hold and carry guns. But the debate between the gun problem and the second amendment is not terminated because the Supreme Court Justices’ different opinions trigger a new round of discussion. This essay analyze why there are debates between gun-having and gun-control from American’s society and history background. Then I explain the three judges’analysis on the second amendment about Helle’s case with different methods of constitutional interpretation and finally come to a conclusion about the support of gun-control through the Justice Breyer’s pragmatic analysis method.This essay is divided into three part:preface, text and epilogue and also divided into three chapters.The first chapter is about the American’s present legislative situation of gun. Firstly expound the content and the basic dispute of the second amendment. Secondly introduce the condition of gun-having and the cases of gun violence in American society. Finally we discuss the legislative law trying of gun-control by the United States government.The second chapter is about the debate of American’gun-control and this chapter is divided into four sections. This chapter analyze the other important factors that influence the gun problem besides the second amendment from history and culture, social groups, political parties, and public opinions. The second section about the National Rifle Association and the third section about political election are both important sections.The third chapter is the focus of this essay and in this chapter we discuss the dispute between District of Columbia v. Heller and the method of constitutional interpretation. This chapter is divided into six sections discussing the Heller’s case background, trial in the Supreme Court and the Justice Scalia’s, Justice Stevens’ and Justice Breyer’s different opinions and also three views about dispute theoretically. However, the court’s opinions, Breyer’s question and theoretical analysis is the key section.