Constitutional Law

Chapter 6

Freedom of Religion

Several Different Cases and Issues

Test:

Primary Secular Purpose

Principle effect neither advances or inhibits religion

No excessive entanglement

Not Protected

Freedom of Speech

Clear and present danger test

Balance test

Burden on Government

Fighting Words

Flag Burning

Cross Burning

Nude Dancing

Freedom of the Press

Obscenity

Security Reasons

Fair Trial

Peaceful Assembly

Gangs

Rights of Prisoners

Mail Censorship

Religious Practices

Chapter Seven

History

The militia was considered to be the entire adult male populace of a state. They were not simply allowed to keep arms, but were at times required to do so by law.

If militia members were called to service, they were to bring their own arms and ammunition.

The private populace’s arms made up the militia’s arms. Most states mandated that all male citizens between certain ages, for instance 18 to 45, be members of the militia

The Debate: Interpreting the Second Amendment A central controversy over the Second

Amendment is whether people have a right to bear arms as individuals rather than only as part of a militia.

In 1992, at Ruby Ridge in Idaho, the FBI, ATF and U.S. marshals were involved in a standoff with an armed family who refused to obey conventional law and stated, “The tyrant’s blood shall flow. . . . Whether we live or die we will not obey you . . . war is upon our land.”

The ensuing shootout, which ended with the deaths of two family members and one law enforcement official, was a hotly debated action.

In 1993, a seven-week standoff occurred between the Branch Davidians religious group and the FBI and ATF. The seige initiated when the government attempted to force access to the Branch Davidian compound while investigating allegations that included polygamy, child abuse and illegal weapons.

The ordeal ended with the deaths of 74 compound members, whose chose to burn to death rather than surrender when the compound caught fire.

The two opposing interpretations of the Second Amendment involve whether the amendment guarantees individuals’ rights to keep and bear arms or whether it guarantees the states freedom from federal government infringement on this right.

Individual rights proponents claim that the framers intended to preserve individual rights above state rights.

States’ rights proponents claim that the Second Amendment was adopted with the primary purpose of preserving the state militia.

Nonincorporated amendments • when an amendment has not been made applicable (incorporated) to the states under the Fourteenth Amendment

This nonincorporation has left the door open for varied interpretations of the Second Amendment and fueled the vigorous controversy surrounding its purpose.

In United States v. Miller (1939), the Court recognized a state right rather than an individual right to bear arms.

States and the Second Amendment

The states’ power to regulate firearms appears to be nearly absolute.

Concealed/Carry, or Right-to-Carry, Laws

Restrictions on Types of Firearms

Federal Regulation and the Second Amendment Congress, using its broad authority to

regulate interstate commerce, has enacted some federal gun control legislation.

Case Law

The Brady Act

The Violent Crime Control and Law Enforcement Act of 1994

The Law Enforcement Officers Safety Act

The Current Gun Control Controversy

Joint Government and Community Efforts to Respond to Gun-Related Violence