The 2nd Amendment Flashcards
Recite the sig. clause of the 2nd amendment
…” A well regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed’
What is the context surrounding the 2nd amendment
In 1791, it was a common belief that Gov. used soldiers to oppress people. responsibility of state militias to protect people. Militias insufficient against British, so the constitutional confederation allowed gov to est. an army. This angered anti-federalist who argued that this stopped states from protecting themselves against oppression, so Maddison proposed 2nd amendment to empower state militias
Why is the 2nd amendment so controversial
Is the 2nd amendment a collective right that should be exercised through formal militias (national guard), or a right that allows individuals to bear arms. Argued by NRA
What are the 5 most important SC cases surrounding the 2nd amendment?
1) US V. Cruikshank (1876)
2) Presser V. Illinois (1886)
3) US V. Miller (1939)
4) District of Columbia V. Heller (2008)
5) McDonald V. Chicago (2010)
What is Cruikshank And why is it significant
In 1873 mob of whites murdered 100 Blacks.(3) convicted of violating 1870 Enforcement Act… deprived them of their constitutional right.
However court ruled that the 2nd amendment only stopped fed. Gov from infringing on citizens right to bear arms, private citizens could not be charged with taking someone else’s away
What is “Presser” and why is it significant
Presser part of an armed citizens militia of worker. Found guilty of violating Illinois’ estate laws about who could org. A militia. Presser thought that the amendment protected his groups right to org. A militia, SC disagreed- fed gov. Can’t limit “we’ll reg. militia, but state governments can (had own rules in places already)
What is “miller” and why is it significant
About what guns it’s reasonable for a private citizen to own.
Following this mob, massacre, the SC ruled that, under the 1934 NFA, a sawn off shotgun did not aid the preservation of a well-reg militia- 2nd amendment does not guarantee right to use such weapon
What is “heller” and why is it significant
Focuses on and indiv’s right to gun ownership and marks a big shift from previous SC rulings on the matter. They found that Columbia’s restrictive gun control measures infringed on an indiv’s relight to bear arms for lawful self-defence
What is McDonald and why is it significant
The SC ruled that 2nd amendment rights could not be limited by state gov’s after Chicago had enacted gun reg’s that prevented priv. Citizens from owning handguns
Why are the SC cases in the 21st C. SO significant
These decisions focus for more on an individuals right to bear arms and less on a well-reg militia.
This is because, around the 1930s, the role of state militias had been greatly reduced and there was a conversation emerging about how important they were to our interpretation of the 2nd amendment
What statistics show how common guns are in America
- 1 firearm for every American, with 1/4 billion
- 1/2 of all guns made in the world end up in the US
- over 50,000 pawn shops, private collectors… that sell guns
What statistics show how dangerous guns are in America
In 2011 >8,000 gun murders, 20,000 other deaths from suicides and accidents, and 60,000 wounded by guns
- of the thousands of licensed gun stores in america, 1% sold 2/3 of all guns used in crimes
