Commentary | | Peer-Reviewed

The Formula "Well Regulated" in the Second Amendment to the US Constitution Cannot Be Ignored

Received: 3 November 2024     Accepted: 21 November 2024     Published: 7 December 2024
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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.

Published in International Journal of Law and Society (Volume 7, Issue 4)
DOI 10.11648/j.ijls.20240704.14
Page(s) 165-169
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Second Amendment, Well Regulated, Gun Deaths, Gun Control, Originalism, Textualism

References
[1] A. Swearer. FACT: There Are 400 Million Privately Owned Guns in the U.S. - The National Interest, Aug. 12, 2019,
[2] J. Gramlich. What the data says about gun deaths in the U.S. - Pew Research Center, April 26, 2023,
[3] J. Gramlich. Gun deaths among U.S. children and teens rose 50% in two years. - Pew Research Center, April 6, 2023,
[4] V. Korhonen. Gun homicide rate in G7 countries 2013-2019 - Statista, July 5, 2024,
[5] P. Nestadt. Survey of Americans Who Attempted Suicide Finds Many Aren’t Getting Care. - NYT, Jan 19, 2022,
[6] L. Greenhouse. Justices Rule for Individual Gun Right. - NYT, June 27, 2008,
[7] J. Franklin. How AR-15-style rifles write the tragic history of America's mass shootings. - National Public Radio, May 10, 2023,
[8] D. Lawier, O. Rummier. The deadliest mass shootings in modern U.S. history. - AXIOS, Oct 26, 2023,
[9] A. Feis. Dayton shooter Connor Betts fired at least 41 rounds in 30 seconds. - New York Post, Aug. 5, 2019,
[10] 2017 Las Vegas shooting. -Wikipedia,
[11] G. Lemus. Infographics Arms Trafficking Across the US-Mexico Border. - Wilson Center, Feb. 13, 2024,
[12] Number of organized-crime related homicides in Mexico from 2009 to 2020. Aug. 12, 2024,
[13] Reps. Castro, Escobar, Frost. Introduce Stop Arming Cartels Act to Prevent Trafficking of Military-Grade Weapons to Mexican Cartels. May 17, 2024,
[14] J. Burling. What is the difference between originalism vs. textualism vs. living constitutionalism? -Pacific Legal Foundation, April 27, 2022,
[15] A. Hamilton. Concerning the Militia. Federalist, No. 29, Jan. 10, 1788, Library of Congress,
[16] D. E. Young. The American Revolutionary Era Origin of the Second Amendment's Clauses. Journal on firearms & Public Policy, Vol. 23, 2011, http://secondamendmentinfo.com/Journal/index.html
[17] America’s Hidden Gun Manufacturers. Violence Policy Center,
[18] The Modes of Constitutional Analysis: Textualism (Part 2). Congressional Research Service, Dec. 29, 2021,
Cite This Article
  • APA Style

    Krasnyanskyy, M. (2024). The Formula "Well Regulated" in the Second Amendment to the US Constitution Cannot Be Ignored. International Journal of Law and Society, 7(4), 165-169. https://doi.org/10.11648/j.ijls.20240704.14

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    ACS Style

    Krasnyanskyy, M. The Formula "Well Regulated" in the Second Amendment to the US Constitution Cannot Be Ignored. Int. J. Law Soc. 2024, 7(4), 165-169. doi: 10.11648/j.ijls.20240704.14

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    AMA Style

    Krasnyanskyy M. The Formula "Well Regulated" in the Second Amendment to the US Constitution Cannot Be Ignored. Int J Law Soc. 2024;7(4):165-169. doi: 10.11648/j.ijls.20240704.14

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  • @article{10.11648/j.ijls.20240704.14,
      author = {Mykhaylo Krasnyanskyy},
      title = {The Formula "Well Regulated" in the Second Amendment to the US Constitution Cannot Be Ignored
    },
      journal = {International Journal of Law and Society},
      volume = {7},
      number = {4},
      pages = {165-169},
      doi = {10.11648/j.ijls.20240704.14},
      url = {https://doi.org/10.11648/j.ijls.20240704.14},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20240704.14},
      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.
    },
     year = {2024}
    }
    

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Author Information
  • Retired Professor, Philadelphia, USA

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