Privacy & Property

Second Amendment Overview

• The Second 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."

• Context of the late 1780s:

  • Addressed concerns of Anti-Federalists regarding insufficient protections for individual liberties against federal government power.

  • Reflects fears about federal overreach and state security rather than solely firearm ownership.

Regulation of Gun Policy

• Gun policy can be regulated by both federal and state governments:

  • Federal regulation allowed under the Commerce Clause.

  • National laws include:

    • National Firearms Act: Initiated restrictions on firearm purchasing.

    • Gun Control Act of 1968: Banned mail sales of firearms and prohibited certain categories (felons, drug users) from purchasing guns.

    • Brady Bill (1993): Established a national gun owner database, mandated background checks, and implemented a five-day waiting period for gun purchases.

• Federalism in gun policy:

  • Both state and federal governments regulate firearm laws.

McDonald v. Chicago

• Decided in 2010; related to the Second Amendment's application to the states via the Fourteenth Amendment.

• Significant as the second Supreme Court case incorporating the Second Amendment after D.C. v. Heller (2008).

  • Established precedent that allowed for challenges to state laws related to gun ownership.

Right to Privacy

• The right to privacy is not explicitly stated; it exists within the penumbras of several amendments:

  • Amendments involved: First, Third, Fourth, Fifth, and Ninth.

  • Ninth Amendment emphasizes rights not expressly granted to the government are reserved for the people.

• The Griswold v. Connecticut (1965) case established fundamental privacy rights.

  • Precedent-setting ruling for future privacy cases.

Roe v. Wade

• Decided in 1973, linked to the right to privacy under the Due Process Clause of the Fourteenth Amendment.

  • Controversial ruling that legalized abortion across all 50 states.

  • Context: Occurred during a liberal period in U.S. history and marked an activist period of the Supreme Court (1954-1973).

  • Future implications: Set the stage for further protections for women's rights.

Fifth Amendment and Property Rights

• The Fifth Amendment includes the Taking Clause of Eminent Domain:

  • Prohibits government from taking private property for public use without just compensation.

• Eminent Domain defined as the government's right to appropriate private land for public purposes.

  • Requires compensation for the taken property, e.g., converting private land into a public park.

• Kelo v. New London (2005): Relevant case where the Supreme Court allowed government to take property for private development seen as serving public use.

  • Affirmed that redevelopment projects can justify eminent domain claims.