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Amendments 2-5, 14

Amendments 2-5, 14. The Right to Bear Arms. KEY QUESTION: do the people have an “individual right” to bear arms or does the state have a right to maintain a militia?

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Amendments 2-5, 14

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  1. Amendments 2-5, 14

  2. The Right to Bear Arms • KEY QUESTION: do the people have an “individual right” to bear arms or does the state have a right to maintain a militia? • On one hand, gun rights advocates insist that an individual right exists—therefore state and federal gov’t has no grounds to ban, limit, or regulate the sale or possession of any type of weapon. • On the other hand, gun control advocates focus on the history of the Amendment and argue that the Founding Fathers intended the 2nd Amendment to protect a state’s right to keep and maintain a militia. This would protect the states from federal power. • Note that for much of American history, the SCOTUS has favored the “states’ rights” argument—the 2nd Amendment has yet to be “incorporated” and is thus not protected from state action.

  3. 3rd Amendment • Text • “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” • Note the historical circumstances which led to this amendment—Quartering Act leading up to the Revolution. • Given the sweep of US History, the 3rd Amendment has had little importance and a case has never come before the SCOTUS

  4. Rights of the Accused • Constitutional Protections • Due Process – refers to the proper legal procedures given to individuals accused of a crime • Writ of Habeas Corpus—prevents unjust arrests or imprisonments. • Bill of Attainder—inflicts punishment without a court trial or used to target individuals • Ex Post Facto Laws—law passed after the fact.

  5. Due Process • 14th Amendment guaranteed citizenship to all • “State may not deprive any person of life, liberty, or property w/o due process of law” • Due Process not always given • Ex: Plessy v. Ferguson upheld segregation • Ex: Korematsu v. US allowed Japanese-Americans to be placed in internment camps and government to confiscate their property • Ex: poll taxes and literacy tests in the South • Modern US history has changed to protecting Civil Liberties and broadly interpreting 14th Amendment

  6. Types of Searches • Looking in/around home or apartment • Looking into an automobile • Wire taps • Taking blood or urine • Looking through binoculars and telescopes • X-rays • Looking through pockets/purses • Dog-sniffing

  7. Legal Warrantless Searches • Searches after an arrest • Consent searches • Plain view • Stop and frisk • Hot pursuit • Inventory • Border/Airport Searches • Evidence collected in garbage • Presentation of a weapon

  8. The Fifth Amendment • “Plead the Fifth” - refusal to testify on the ground that the testimony might tend to incriminate the witness in a crime • Anyone found not guilty cannot face double jeopardy—be tried again for the same crime. • Exceptions to self-incrimination • Fingerprinting, police line-ups, handwriting samples, social media images and statuses/tweets • No one can have property taken without due process of law, except in cases of eminent domain. - Eminent domain is the power to take personal property to benefit the public.

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