Bill of Rights

The Supreme Court has only granted certiorari for a few cases focusing on gun control since its decision in US v. Cruikshank, (1875) that gun regulation is a states' rights issue not subject to federal statutes.

United States v. Cruikshank, 92 US 542 (1875)

The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.

Presser v. Illinois, 116 US 252 (1886)

Held that Illinois had a right to regulate and control military bodies, including those engaged simply in drilling and parades, and upheld its right require a permit for such activities when firearms are involved. Reaffirmed that the Second Amendment applies only to the federal government.

Miller v. Texas, 153 US 535 (1894)

The Court reaffirmed Cruikshank, but refused to hear Miller's claim that his Second Amendment rights applied under the Fourteenth Amendment on its merits because the Second Amendment question had not been preserved (was not invoked at trial and in the subsequent appeal).

US v. Miller, 307 US 174 (1939)

Upheld as constitutional the 1934 National Firearms Act that regulated, taxed and required registration of certain types of firearms (in this case, a sawed-off shotgun). Required that the petitioner show evidence in remand to the trial court that the shotgun contributed to the efficiency of a "well-regulated militia."

Lewis v. US, 445 US 55 (1980)

Upheld as constitutional Title VII of the Omnibus Crime Control and Safe Streets Act of 1966, prohibiting convicted felons from possessing firearms.

In Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), the Supreme Court denied certiorari on a US District Court case that overturned the Firearms Control Regulations Act of 1975, a law banning residents of the District of Columbia from owning handguns, automatic firearms, and high-capacity semi-automatic firearms, as well as prohibiting possession of unregistered firearms. When the Supreme Court declines review of a case, the decision of the lower court is final.

Last Term, the Supreme Court heard District of Columbia v. Heller, 554 US ___ (2008), a case that alleged Washington, DC, gun control laws were unconstitutional. The Supreme Court held that the Second Amendment of the Constitution protects Americans' right to bear arms as an individual liberty not specifically limited to the militia, and that the District of Columbia's requirement that guns within the home be unloaded, disassembled and locked were unconstitutional.

The decisions in both Parker and Heller applied only to the District of Columbia, which is federal territory, and not to the states, which are not currently bound by the Second Amendment (an unincorporated Amendment; see Related Questions for more information).

McDonald v. City of Chicago, 561 US ___ (2010) The Supreme Court held self-protection is a fundamental right, and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause.

For more information, see Related Questions, below.

United States v. Cruikshank, 92 US 542 (1875)

The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.

[The Second Amendment was subsequently incorporated to the states via the Fourteenth Amendment Due Process Clause in McDonald v. Chicago, 561 US ___ (2010), in a decision released June 28, 2010.]

In my school, we have this question in the history textbook. It says Section 4 assessment.

Anyway the answer is on pg. 135

Legislators took ideas from the state ratifying conventions, the Virginia Declaration of Rights, the English Bill of Rights, and the Declaration of Independence to make sure that the abuses listed in the Declaration of Independence would be illegal in the new government.

The First Amendment is the right to free speech. It is also freedom of religion. Normally, this is the amendment most Americans will remember.

The First Amendment to the US Constitution is:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

To limit the ability of the government to have total power over the people.

Founding father quotes on the 2nd amendment;

"The Constitution shall never be construed....to prevent the people of the United States who are peaceable citizens from keeping their own arms" (Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87)

"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American... The unlimited power of the sword is not in the hands of either the federal or state government, but, where I trust in God it will ever remain, in the hands of the people" (Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788)

"The best we can hope for concerning the people at large is that they be properly armed." (Alexander Hamilton, The Federalist Papers at 184-8)

"The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -- (Thomas Jefferson)

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined" (Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836)

"Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . the very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" (George Washington)

Read more: http://wiki.answers.com/What_is_the_Second_Amendment#ixzz19wqEuaVH

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.

it means you hane the right to bear arms (if it is registered)

U.S. Const., Amend. V:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

This is the (federal) Due Process Clause. A State Due Process Clause was included in Amendment XIV. There are two types of due process of law: substantive due process and procedural due process.