2nd Amendment and the Supreme Court
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Federalist No. 46
In order to protect against tyranny the people need guns or else the government won't be afraid of them and will suppress them
McDonald v. Chicago (2010)
Incorporated the 2nd Amendment right to bear arms to the states via the 14th Amendments Due Process clause. -FACTS: Chicago banned handguns and McDonald wanted one to protect himself in the dangerous neighborhood he lived in -MAJORITY: 2nd Amendment applied to states via 14th; based of DC v Heller, 2nd Amendment gave individual right to self-defense -DISSENTING: gun ownership isn't part of the right of self-defense; 2nd Amendment extends only to state militia, not individuals
District of Columbia v. Heller (2008)
Ruled the 2nd Amendment protects an individual's right to possess a firearm for lawful, private use -FACTS: DC prohibited handguns and required guns be disassembled in homes, Heller wanted to get a handgun, so he sued claiming DC violated 2nd Amendment -MAJORITY: 2nd Amendment "guaranteed an individual right to possess and carry weapons in case of confrontation" -DISSENTING: the Amendment doesn't create an unlimited right to possess guns for self-defense, only for military purposes; the court should turn to the legislature and uphold the restrictions
Original Bill of Rights purpose
not meant to limit what the states could do
Why did the Founders include the 2nd Amendment?
the British banned guns, so they feared that if the citizens didn't have them, the government wouldn't fear them and become tyrannical. They also feared a foreign invasion and wanted to protect the nation.
Due Process
"States cannot deprive people of life, liberty, or property without the due process of the law"
What has the Supreme Court ruled about the meaning of the 2nd Amendment?
-It protects the people against any federal government regulation regarding it. -The "militia" is not important to the meaning because during the time when it was drafted the word meant all able men called to service -The 2nd Amendments main purpose is to protect self-defense as a right
Original intent of the 14th Amendment regarding guns
-the right to bear arms was an individual right put in place to protect African Americans from people seeking to harm them -saw ownership as a fundamental right and a right of citizenship -owning a gun meant life or death to African Americans during this time -The Black Codes limited African American Gun Ownership
selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
