All Flashcards
Compare individual vs. militia interpretations of the 2nd Amendment.
Individual: Right for self-defense | Militia: Right only within a well-regulated militia.
Compare arguments for and against stricter gun control.
For: Public safety, reduce violence | Against: Infringement on individual rights, self-defense.
Compare the NRA's and March for Our Lives' views on the Second Amendment.
NRA: Emphasizes individual rights, opposes restrictions | March for Our Lives: Emphasizes public safety, supports gun control.
Compare the Second Amendment's original intent vs. modern interpretations.
Original: State militias, check on federal power | Modern: Individual right to self-defense, subject to regulation.
Compare the impact of Heller and McDonald on gun rights.
Heller: Established individual right | McDonald: Applied it to states.
Compare the scope of federal vs. state gun control laws.
Federal: Regulates interstate commerce, background checks | State: Varies widely, from strict to permissive.
Compare the individual rights interpretation with the collective rights interpretation.
Individual: Focuses on personal self-defense | Collective: Focuses on the needs of a state militia.
Compare the views of strict constructionists and loose constructionists on the Second Amendment.
Strict: Adheres closely to the text and original intent | Loose: Interprets the amendment in light of modern circumstances.
Compare the role of the federal government and state governments in regulating firearms.
Federal: Sets minimum standards, regulates interstate sales | State: Has broader authority to regulate within its borders.
Compare the impact of gun control laws on urban vs. rural communities.
Urban: Often stricter, aimed at reducing crime | Rural: Often more permissive, reflecting traditions of hunting and self-defense.
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.
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.