All Flashcards
Define 'well-regulated militia'.
A body of citizens trained for military service, typically to supplement a standing army.
Define 'right to bear arms'.
The right of individuals to possess weapons for self-defense and other lawful purposes.
What is 'original intent'?
Interpreting the Constitution based on what the framers intended at the time of its creation.
Define 'individual right' interpretation.
The view that the Second Amendment protects an individual's right to own guns for personal protection.
Define 'militia-only' interpretation.
The view that the Second Amendment protects the right to bear arms only in the context of a well-regulated militia.
What is 'selective incorporation'?
The process by which the Supreme Court applies the Bill of Rights to the states through the Fourteenth Amendment's Due Process Clause.
Define 'gun control'.
Laws and regulations that restrict the manufacture, sale, possession, or use of firearms.
What is the 'Second Amendment'?
Guarantees the right to bear arms.
Define 'self-defense'.
The right to protect oneself from harm or death through the use of reasonable force, including the use of firearms.
What is the 'Fourteenth Amendment'?
Addresses citizenship rights and equal protection under the law; used to apply the Bill of Rights to the states.
Cause and effect: Rise in mass shootings and gun control debates.
Cause: Increased mass shootings | Effect: Intensified debates over gun control measures.
Cause and effect: Heller ruling and individual gun rights.
Cause: Heller ruling | Effect: Strengthened arguments for individual gun rights.
Cause and effect: McDonald ruling and state gun laws.
Cause: McDonald ruling | Effect: Challenges to state and local gun control laws.
Cause and effect: Advocacy by NRA and gun control policies.
Cause: NRA advocacy | Effect: Resistance to stricter gun control policies.
Cause and effect: Advocacy by March for Our Lives and gun control debates.
Cause: March for Our Lives advocacy | Effect: Increased public attention on gun violence and calls for reform.
Cause and effect: Strict gun control laws and crime rates.
Cause: Strict gun control laws | Effect: Debated impact on crime rates; some studies show a decrease, others show no significant effect.
Cause and effect: The Second Amendment and state militias.
Cause: Second Amendment | Effect: Originally intended to allow states to maintain their own militias.
Cause and effect: Increased gun ownership and rates of accidental shootings.
Cause: Increased gun ownership | Effect: Potential increase in accidental shootings, depending on safety measures and training.
Cause and effect: Supreme Court rulings on the Second Amendment and legislative action.
Cause: Supreme Court rulings | Effect: Can lead to legislative efforts to either restrict or expand gun rights.
Cause and effect: Political polarization and gun control legislation.
Cause: Political polarization | Effect: Makes it difficult to pass comprehensive gun control legislation at the federal level.
What was the ruling in District of Columbia v. Heller (2008)?
The Second Amendment protects an individual's right to possess firearms for traditionally lawful purposes, such as self-defense at home.
What was the impact of District of Columbia v. Heller (2008)?
Established the individual right to bear arms, not just a collective one.
What was the ruling in McDonald v. Chicago (2010)?
The Second Amendment applies to states and local governments through the Fourteenth Amendment.
What was the impact of McDonald v. Chicago (2010)?
Solidified the individual right to bear arms against state and local governments.
What was the background of District of Columbia v. Heller?
Dick Heller challenged D.C.'s ban on handguns, arguing it violated his Second Amendment rights.
What was the background of McDonald v. Chicago?
Otis McDonald challenged Chicago's strict gun laws, arguing they violated his Second Amendment rights.
What is the significance of the Fourteenth Amendment in McDonald v. Chicago?
It was used to apply the Second Amendment to the states through selective incorporation.
What legal principle was used in McDonald v. Chicago to apply the Second Amendment to the states?
Selective incorporation through the Fourteenth Amendment's Due Process Clause.
What is the relationship between Heller and McDonald?
Heller established the individual right, and McDonald applied it to the states.
What is the role of the Supreme Court in interpreting the Second Amendment?
The Supreme Court determines the scope and limits of the right to bear arms through its rulings in cases like Heller and McDonald.