Objective: To identify what Amendments have been incorporated Do Now: Can the State of New York force you to provide shelter for New York National Guard troops? Explain.

Amendment XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Selective Incorporation: The entire Bill of Rights has been incorporated by the Supreme Court to apply to the states except: Protection against quartering of soldiers (3rd) Right to indictment by grand jury (5th) Right to jury in civil cases (7th) Ban on excessive bail and fines (8th)

Why does the Second Amendment still create controversy? “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” -The Second Amendment 1. What is a militia, and why is it necessary to the security of a free state? 2. What does it mean to keep and bear arms?

The NRA has stated that “America’s founding fathers understood that an armed people are a free people….That’s why the armed citizen remains one of democracy’s strongest symbols” Do you agree with this statement?

Militia: any army composed of citizens rather than professional soldiers, called up in time of emergency The Militia Act of 1792 : … each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, ... every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock....

In Colonial Times: The militia of various states were called up during both The French and Indian War and the Revolutionary War. Preceding the American Revolution, the British attempted to disarm the colonial militia by seizing their weapons. The Second Amendment to the Constitution is intended to prevent abuses by a tyrannical government, as well as for self-defense in times of lawlessness or foreign attack

In Modern Times: The debate over the true meaning of the Second Amendment continues: Does the idea of a militia still apply today? Did the Founding Fathers intend for only the militia to be armed? Why does it say “keep and bear arms,” and not just “bear arms?”

The Brady Bill: Requires a five day waiting period for the purchase of a handgun so that a background check may be processed.

Cases: United States v. Lopez (1995): Gun free school zone law declared unconstitutional as authority to enforce it comes under states Printz v. United States (1997): Local authorities cannot be forced to perform background checks under the Brady Bill (effect was minimal) District of Columbia et al. v. Heller (2008) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home. The case had little impact on gun control laws overall. McDonald v. Chicago (2010) – incorporated the Second Amendment to apply to states

Conclusion: Why do people continue to want to own guns of various types? Is it possible to ban all guns in the United States? Should such a ban be attempted? How can we limit the amount of gun violence in the United States?