Chapter 1 Flashcards
What was the English Declaration of Rights?
The English Declaration of Rights was a document that declared the rights and liberties of the English people. It was written in 1689 and presented to William of Orange and Mary. It stated that Parliament had the sole authority to make or suspend laws and to raise or maintain an army, among other things. The declaration was a key step in the development of constitutional monarchy in England.
How was English law applied in the American colonies?
English law, including the English Declaration of Rights, applied to English subjects in America. American colonists were considered to have the same rights as other English subjects. This principle was tested in a number of legal cases in the colonies, such as the Zenger trial (1735), which established the principle of freedom of the press in America. Colonists relied on this principle to assert their rights against the British government.
What was the historical context of the Second Amendment?
The Second Amendment was adopted in 1791 as part of the Bill of Rights. It was based on the English right to bear arms, as well as the colonial experience with militias. The amendment was intended to ensure that the people would be able to defend themselves against tyranny, both from their own government and from foreign powers
What were the different interpretations of the Second Amendment in early America?
There were two main interpretations of the Second Amendment in early America. One interpretation, known as the “individual rights” interpretation, held that the amendment guaranteed the right of individuals to own guns for self-defense and other lawful purposes. The other interpretation, known as the “collective rights” interpretation, held that the amendment only guaranteed the right of states to maintain militias.
How has the interpretation of the Second Amendment evolved over time?
The interpretation of the Second Amendment has been the subject of much debate and litigation over the years. The Supreme Court did not issue a major ruling on the amendment until the 20th century. In the case of United States v. Miller (1939), the Court upheld a federal law restricting the interstate shipment of sawed-off shotguns, ruling that the Second Amendment did not protect the possession of weapons that were not typically used in militias. However, in 2008, the Court ruled in the case of District of Columbia v. Heller that the Second Amendment does protect an individual’s right to keep and bear arms for self-defense in the home. The Court reaffirmed this right in McDonald v. City of Chicago in 2010.
What is the 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.
