The Formula "Well Regulated" in the Second Amendment to the US Constitution Cannot Be Ignored
Year: 2024
Type: article
Abstract: The article argues that the formula “well regulated” is an integral part of the 2nd Amendment to the US Constitution; the "well regulated" requirement (like the entire 2nd Amendment) completely applies to firearms and cannot be ignored under any interpretation or expansion of the Second Amendment. Failure to comply with the constitutional formula "well regulated" by all branches of US power has led to an unprecedentedly high "gun death" rate in the US, as well as the widespread use of American firearms by Mexican drug cartels. About 21,000 murders (including more than 2500 children) and 26,000 suicides in the US using firearms for one year 2021 cannot be considered as "well regulated" – i.e., not all requirements of the 2nd Amendment are obeyed. Obviously, ever since persons plotting a crime have been able to legally purchase, semi-automatic multi-charge firearms like the AR-15 with a rate of fire of over 100 rounds per minute, this inevitably led to numerous victims of civilian Americans. The concept of "originalism" as well as the concept "textualism" are incompatible with ignoring the constitutional formula “well regulated.
Author: Mykhaylo Krasnyanskyy
Language: English
Subfield: Health
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405417025