section 4 Protected Rights

Section 4

Protected Rights

​

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

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].”

Second Amendment: The Right to Bear Arms

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. The Third Amendment gave Americans the right to refuse such requests.

Third Amendment: Quartering Troops in Homes 

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.

Fourth Amendment: Searches and Seizures

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.

Multiple Choice

2nd amendment says we can...

• have guns

• prohibits the government from housing troops in private homes.

• unreasonable searches and seizures.

• freedom of speech

Multiple Choice

4th amendment protects us from

• have guns

• prohibits the government from housing troops in private homes.

• unreasonable searches and seizures.

• freedom of speech

Multiple Choice

3rd amendment protects us from

• have guns

• prohibits the government from housing troops in private homes.

• unreasonable searches and seizures.

• freedom of speech

Multiple Choice

1st amendment gives us

• have guns

• prohibits the government from housing troops in private homes.

• unreasonable searches and seizures.

• freedom of speech

Multiple Choice

I can yell fire in a crowded theater

• True

• False

Multiple Choice

A soldier comes to your door and says the government said that you have to let them stay, do you?

• Yes

• no

Multiple Choice

I can participate in a peaceful protest

• true

• false

Multiple Choice

I can participate in acts of looting after a protest

• true

• false

Multiple Choice

a cop stops me and says I look suspicious he then searches my stuff, with no cause .. is this legal?

• yes

• no

Multiple Choice

a bank was just robbed and my car fits the car description, can they search my car

• yes

• no

Multiple Choice

Mr. Reynolds, an avid hunter, opens the door of his home one day to find agents from the Bureau of Alcohol, Tobacco, and Firearms outside. They inform him that certain provisions of a new federal law allow them to confiscate his rifles so that he may not engage in terrorist activities or plot against the United States government. They have no evidence that he is connected to any such activities.

Does he have to give the items to them?

• No

• yes

Multiple Choice

Because of the budget deficit, the United States government is looking for ways to cut costs. They have announced a plan during peacetime to house unmarried soldiers in the homes of American citizens who do not have children.

Is this legal?

• Yes

• no

Multiple Choice

You are in the security line at the airport. The transportation safety agent requires you to take off your coat, take off your shoes, and empty your pockets. The agent also completes a pat-down search.

Can they do this??

• Yes

• no