CRCL - The Second, Third, and Fourth Amendment Lesson

The Second, Third, and Fourth Amendments

The Second Amendment

The Second Amendment to the Constitution defines the right to bear arms, "The right of the people to keep and bear arms, shall not be infringed."

Some argue the historical intent of the Second Amendment was the right of each state to maintain an armed militia, but others interpret it as the right of individuals to own weapons.

Right to Privacy

The Third Amendment states, "Quartering of soldiers in times of peace shall be illegal without the consent of the owner."

The Fourth Amendment goes on to state, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause."

These amendments deal with issues such as search and seizure and the right of privacy. These are mainly included in the Bill of Rights because of how Great Britain had abused the colonies before independence was declared.

The only time the Third Amendment has been used was during the Civil War when the North quartered troops in southern homes. However, there have been no Supreme Courts that involve the Third Amendment.

However the Fourth Amendment has been questioned under both federal and state governments. The central issue is how far officials can go in obtaining evidence. Probably cause has become the key reason for whether a search is conducted.

Key Court Cases and Legislation

Roe v. Wade (1972) Abortion as a right to privacy
Patriot Act Aims to strengthen domestic security and broaden the powers of law-enforcement agencies with regards to identifying and stopping terrorism
USA Freedom Act Reforms government surveillance of American citizens and dissolves the need to collect phone records and internet metadata

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