미국 연방헌법 수정조항 제2조

• 영문명: The Second Amendment to the U. S. Constitution: Arguments for Gun Control and the Ideology of Self-Defense
• 발행기관: 한국아메리카학회
• 저자명: 손영호(Young-ho Son)
• 간행물 정보: 『미국학논집』제45집 2호, 129~158쪽, 전체 29쪽
• 주제분류: 인문학 > 기타인문학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

No Constitution is as frequently invoked and misunderstood as the Second Amendment. Political arguments for gun control, mostly debates on the right to bear arms, center on the Second Amendment. The original intention of the Founding Fathers and the concurrent interpretation of the Amendment remain inconclusive. By tracing scholarly works on the history and politics of Second Amendment, the past decisions of Supreme Court, and the intellectual and political climate of the late eighteenth century in America, this article is to discuss whether the Second Amendment protects individual's right to arm or preserves states' right to maintain a militia. This will bring deeper insight to the main ideology of the Second Amendment. Natural law philosophers perceived self-defense as an inherent right, which brought forth a variety of other rights, the "right to arm" being the primary importance. Greatly influenced by John Locke and Blackstone, the Founding Fathers saw the individual's right to arm equivalent to the right to self-defense. In absence of law enforcement, Americans bore arms to protect self and their community. This brought young men to posse comitatus and formation of militia, subduing criminals and establishing law and order. Thus long before the Second Amendment was introduced, the right to arm already preexisted in American common law. A wide range of views exists regarding the Second Amendment, but most scholars come to agreement that it preserves and guarantees the pre-existing individual's right to arm. This view was echoed by the Founding Fathers who believed possession of arms is crucial to self-defense and to prevent a tyranny from overpowering the people. This view was also confirmed by the Supreme Court decision in District of Columbia v. Heller in 2008, which claimed "gun ownership is a constitutional right."

목차

Ⅰ. 들어가는 말

Ⅱ. 무기소지권에 대한 논쟁과 대법원 판례

Ⅲ. 수정헌법 2조의 핵심 이념: 자기방어의 기본권

Ⅳ. 나오는 말

인용문헌

Abstract

키워드

연방헌법 수정조항 2조 주(州)의 권리와 개인의 권리 워싱턴 D.C 대 헬러 판결 자기방어의 권리 공화주의 미국 독립혁명 Second Amendment to the Constitution States' Rights v Individual Rights District of Columbia v. Heller Case Right of Self-Defense Republicanism American Revolutionary War