TCI 10.3 Protected Rights

TCI 10.3 Protected Rights

In colonial America, guns were an important part of everyday life. They were used for hunting and for protection in a time when police were often far away. Militias also protected colonists against outside invasion and American Indian attacks.

The next three amendments protect individuals from various kinds of government abuse.  All three amendments reflect the experience of American colonists under British rule.

Multiple Choice

The 2nd, 3rd, and 4th amendment were included in the Bill of Rights because of experiences with what country?

• Spanish

• French

• Americans

• England/the British

Second Amendment: 

The Right to Bear Arms

During colonial times, Great Britain had used a standing, or permanent, army to keep order in the colonies. After winning their independence, Americans were suspicious of standing armies. They preferred to rely on volunteer state militias to protect the new nation. The Second Amendment states that “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 [limited].”

The meaning of this amendment has been much debated. Some people argue that it protects the right of people to own guns only if they are part of an organized militia. An example of such a militia is today's National Guard. Others believe that the Second Amendment protects the right of individuals to own weapons for their own self-defense. In 2008, the Supreme Court supported this view in the case of District of Columbia v. Heller. The Court held that the Second Amendment protects an individual's right to own a gun for personal use, including self-defense inside the home.

Third Amendment: 

Quartering Troops in Homes

Before the American Revolution, Great Britain had forced colonists to house British soldiers with the Quartering Act. The Third Amendment gave Americans the right to refuse such requests.

Today, soldiers are not quartered in homes.  The Third Amendment remains important, however, as a warning to the government to respect the privacy of people's homes.  As Supreme Court justice Joseph Story said, “A man's house shall be his own castle, privileged against all civil and military intrusion. ”

Fourth Amendment: 

Searches and Seizures

The Fourth Amendment protects people and their belongings from “unreasonable searches and seizures.” A seizure is the act of forcibly taking control of a person or property. Before arresting a person or searching someone's home, police must show a judge that there is good reason for such action. The judge then issues a warrant that says exactly who will be arrested or what will be searched.

Multiple Choice

Which of the following is defined as forcibly taking possession of a person, property or item?

• Search

• Seizure

• Warrant

• Probable Cause

Nowhere in the Fourth Amendment, however, does it say that a warrant is required for every government search.  Many Supreme Court cases have held that warrants are not always necessary, but there must be probable cause, or a strong reason, for the search.

The Fourth Amendment also does not define “unreasonable search. ” The Supreme Court provided a definition in 1967 when it held that a search must respect an individual's right to privacy.

History behind the 4th Amendment

When the British government still ruled over the American colonies, they wanted to collect as much money from the colonies as possible. This upset the colonists.

To get around British customs taxes, colonists began smuggling goods and avoiding British tax collectors and agents. Of course, this upset the British government.

Parliament and the King began using “writs of assistance.” These were very general search warrants that could be used to search any property. Customs agents could enter any home without warning and without providing a reason.

Searches and seizures of private property based on general warrants became common in the colonial era.

The Fourth Amendment was designed to guard against this and protect the freedom and right to privacy of individuals.

Quiz Time

Can you correctly identify the correct amendment?

Multiple Choice

Police must get a warrant (permission) to check other people houses because this amendment protects privacy.

• 1st

• 2nd

• 3rd

• 4th

Multiple Choice

Which amendment gives you the right to keep weapons or arms?

• First Amendment

• Second Amendment

• Third Amendment

• Fourth Amendment

Multiple Choice

This amendment requires that police officers obtain a search warrant before they search a home for evidence when investigating a crime. It prevents unnecessary or unreasonable searches of a person's property.

• 6th

• 5th

• 4th

• 1st

Multiple Choice

Which Amendment protects you from having the military stay in your home?

• First Amendment
• Second Amendment
• Third Amendment
• Fourth Amendment

Multiple Choice

The 4th Amendment limits the government's ability to

• tax the states

• put defendants on trial

• pass legislation

• violate people's privacy

Multiple Choice

Which amendment protects the rights of gun owners?

• 1st Amendment

• 4th Amendment

• 6th Amendment

• 2nd Amendment

Multiple Choice

The Framers objected to the Quartering Act - which amendment addressed this issue?

• 1st Amendment

• 3rd Amendment

• 5th Amendment

• 9th Amendment

Multiple Choice

Which British colonial policy was a reason for the 4th Amendment?

• Townshend Acts

• Proclamation of 1763

• writs of assistance

• Stamp Act