C122: Class 9

Vocabulary and case law flashcards covering the 2nd, 3rd, and 4th Amendments and their historical context.

2nd Amendment

States: "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."

Historical Militia

Free male citizens armed with muskets and bayonets who defended their community

George Mason (Virginia)

Proposed including a "right to bear arms" in amendments. A well regulated militia, composed of the body of the people, being the best security of a free state.

U.S v. Miller (1939)

F: Federal law banned sawed off shotguns and two defendants were stopped and arrested for transporting the guns

R: Supreme Court ruled it was valid; the guns had no purpose in the militia, thus it did not violate the 2nd Amendment. The 2nd Amendment was to protect a collective right to ensure a well regulated milita, not an individuals right to posses any type of gun that had no purpose in the military.

Collective Right Argument

The interpretation that the 2nd Amendment was intended to ensure a civilian militia could counter a professional federal army

Individual Right Argument

The interpretation that "Right of the People" refers to individual protections

District of Columbia v. Heller (2008)

F: A federal law prohibited handgun possession in the home.

R: 2nd Amendment protects an individual’s right to “Keep and Bear Arms” for personal self-defense. Right is deeply rooted in history and tradition. Court recognized that an individual right (federal) to posses and carry guns beyond collectve right for militia

McDonald v. City of Chicago (2010)

F: Chicago (state) ordinance banned unregistered handguns in the city. Defendant wanted to buy a gun for protection of his home but this did not apply to the states.

R: The Supreme Court held that the 2nd Amendment applies to the states through the 14th Amendment, affirming an individual's right to own a firearm for personal self-defense (overruled Plesser)

New York State Rifle and Pistol Association v. Buren (2022)

F: New York law required individuals to demonstrate special need for obtaining a concealed carry license.

R: The Supreme Court ruled that this violated the 2nd Amendment through the 14th Amendment. This expanded the law, so now they have the Individual Right to bear arms in public, since the court looked at tradition of gun regulation.

U.S v. Rahimi (2024)

An 8-1 decision where the Court upheld a federal law prohibiting individuals with domestic violence restraining orders from possessing firearms, pulling away from a "rigid" historical approach.

4th Amendment Clauses

1. Protection from unreasonable searches and seizures = Persons, houses, papers, reasonable searches and effects

2. Warrant Requirements = Probable cause and Oath + specificity in description of the place to be searched and the items to be seized.

General Warrants

Warrants used by the British that never expired and allowed custom officers to search anything at any time for untaxed/smuggled goods.

James Otis

Attorney who argued against general warrants on behalf of merchants, famously asserting that "A man's home is his Castle."

2 components of the 2nd Amendment

1. Right to a regulated militia (Group Right)

2. Right of people to keep and bear arms (Individual Right)

Colonists Concerns

Colonies concerned that they needed a militia to stand against the Federal Governments professional standing army