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College of DuPage *
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Course
1151
Subject
Political Science
Date
Dec 6, 2023
Type
docx
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2
Uploaded by CommodoreGorilla3551
2 A) What are the five parts of the First Amendment? (Hint:
Remember to use the words of the United States Constitution to
properly identify if the part is a freedom or a right. Do not rely on
a google answer for this question.) Explain in detail what each
part means.
1)
Freedom of Religion
Freedom of religion is the right of everyone to practice the religion they so choose without interference
from the government. This also extends to promotion of religion. This is a right as recognized by the Bill
of Rights. (Forst 2021)
2)
Freedom of speech
The Freedom
of speech
(to clarify, this is considered a freedom)
allows for individuals to express their
own opinion without governmental restraint or censorship. Both the judicial and legislative branch have
agreed is not/cannot be absolute and is subject to be granted based on its impacts on other freedoms. This
is a right as recognized by the Bill of Rights. (Forst 2021)
3)
Freedom of the Press
Freedom of the press
(this is considered a freedom)
grants individuals the
freedom
to seek,
receive and impart information through books or magazines without governmental censorship.
4)
Rights of the people Peaceably to assemble
This is considered a right for individuals to hold meetings and form associations without
interference by the government. It is crucial for individuals to keep in mind that the statement
above mentions the word
peaceably
, the reason I believe this is important to point out is because
if the right mentioned above involves the breaking of laws, the assembly is then not protected
under the first amendment.
5)
The Right to Petition the Government for a redress of grievances
This section in the Constitution is considered a right and “provides options for those who feel
harmed by the government to request relief for those harms”.
(Forst 2021)
3.a) What are the two parts of the Second Amendment? Which
three rights are balanced when discussing the Second
Amendment? How has the Second Amendment evolved since its
ratification from 1791-2022? Identify 10 important dates and
occurrences which help explain the evolution. Use your textbook
to help discuss which right is most prevalent during these 10
important dates.
The two parts of the Second Amendment are both the Prefatory Clause and the Operative Clause.
Prefatory Clause (states rights) -
Announces a purpose but does not necessarily restrict operative clause.
“A well-regulated Militia, being necessary to the security of a free State,” (Forst 2021)
Operative Clause (individual rights)
-
Identifies that action to be taken or prohibited. (“the right of the
people to keep and bear Arms shall not be infringed” (Forst 2021)
The three rights that are balanced when discussing the Second Amendment include:
(1)
A well-regulated
militia,
(2)
being necessary to the security of a free state and
(3)
the right of the people to keep and bear
arms, shall not be infringed.
The Second Amendment is an Amendment that has and will continue to evolve and change as time goes
on, in 1791 the Second Amendment was ratified
(or the change was made official)
along with Nine other
Amendments in the Bill of Rights. It is important to note that as interpretations of this Amendment have
developed, the Second Amendment has gone hand in hand with the interpretations and in turn, evolves
more. During United States v. Miller in 1939
(a court case brought about to the Supreme Court)
which
held that the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off
double shot gun since the shot gun was not covered under the “well-regulated militia” portion of the
Second Amendment. During 1997 in Printz v. United States this case resulted in “the federal government
cannot ‘commandeer’ local or state officials’ to implement and enforce federal regulations” (Forst 2021)
Another example would be District of Colombia v Heller the Supreme Court held that the Second
Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes or “the
right to keep a handgun in his home for purposes of self-defense” (Forst 2021). Lastly, in Caetano v.
Massachusetts (2016) during this case, it involved a stun gun that was argued to be used for protection,
holding that “a stun gun is not the type of weapon that is eligible for Second Amendment protection”
References
Forst, T. R. (2021, June 1). Chapter – Amendment I: Exploring Freedoms, rights, Privileges & their
differences. Constitutional Law Comes Alive An Innovative Approach. Retrieved October 19, 2022, from
https://cod.pressbooks.pub/usconstitutionalive/chapter/chapter-iii-the-first-amendment-exploring-
freedoms-rights-privileges-and-their-differences/
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