2nd Amendment

“The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008)

People who disagree with Stevens’s view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?

• Engel v. Vitale (1961)

• Tinker v. Des Moines (1973)

• Tinker v. Des Moines (1973)

• McDonald v. Chicago (2010)

Which of the following statements explains how the Supreme Court has attempted to balance the power of the government with protections for individual liberties?

• In cases involving interpretations of the Second Amendment, the Court has shown a commitment to an individual’s right to own a gun

• In cases involving interpretations of the First Amendment, the Court has shown a commitment to an individual’s right to freedom of speech, even when it poses clear danger of harm

• In cases involving interpretations of the Fourth Amendment, the Court has shown a commitment to the government’s right to search an individual's cell phone without a warrant

• In cases involving interpretations of the Eighth Amendment, the Court has shown a commitment to the government’s right to punish as they deem necessary

“The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008)

Which of the following statements is most consistent with the author’s argument in this passage?

• The Second Amendment states that the government can only ban firearms produced after 1791

• The Second Amendment does not protect a person’s right to have a weapon for self-defense

• The Second Amendment states that the government cannot ban the sale of any weapon to any person

• The Second Amendment protects a person’s right to own a gun from government infringement

Which of the following scenarios would most likely be considered a violation of the Second Amendment?

• A school district bans students from wearing armbands to protest

• A state fails to provide a lawyer to someone who cannot afford one

• States place restrictions on students possessing firearms in public schools

• A state bans the sale and purchase of handguns

In Supreme Court cases that consider the balance of power between the government's protection of the public and ensuring the rights of individuals as related to the Second Amendment, how has the Court usually ruled?

• The Supreme Court has usually made decisions that uphold the right of an individual to own a gun

• The Supreme Court has usually made decisions that uphold the power of the government to interrogate suspects with limited interference

• The Supreme Court has usually made decisions that uphold the right of an individual to a quick and speedy trial

• The Supreme Court has usually made decisions that uphold the power of the government to place restrictions on firearms

“As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home ‘the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family, . . .would fail constitutional muster.’”

-Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008)

Supporters of Scalia’s view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases as precedent?

• Shaw v. Reno (1993)

• Baker v. Carr (1961)

• McDonald v. Chicago (2010)

• United States v. Lopez (1995)

In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home.

Which of the following amendments was the focus of the Court's ruling?

• The Second Amendment

• The Eighth Amendment

• The Tenth Amendment

• The First Amendment

Which of the following civil liberties is protected under the Second Amendment?

• The right to petition the government

• The right to freedom of speech

• The right to own guns

• The right to trial by jury

“As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home ‘the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family, . . .would fail constitutional muster.’”

-Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008)

Which of the following statements is most consistent with the author’s argument in this passage?

• The Second Amendment states that the government cannot ban the sale of any weapon to any person

• The Second Amendment does not protect a person’s right to have a weapon for self-defense

• The Second Amendment protects a person’s right to own a gun from government infringement

• The Second Amendment states that the government can only ban an entire class of weapons

"Right to bear arms" (Gun rights)

• 1st
• 2nd
• 3rd
• 4th