The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is regarded as the oldest written and codified national constitution in force.
The Second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right. New York State Rifle & Pistol Association, Inc. v. Bruen (2022) assured the right to carry weapons in public spaces with reasonable exceptions.
The right to keep and bear arms is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including security against tyranny, as well as hunting and sporting activities. Countries that guarantee the right to keep and bear arms include the Czech Republic, Guatemala, Switzerland, Ukraine, the United States, and Yemen.
The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789).
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess.
United States v. Cruikshank, 92 U.S. 542 (1876), was a major decision of the United States Supreme Court ruling that the U.S. Bill of Rights did not limit the power of private actors or state governments despite the adoption of the Fourteenth Amendment. It reversed the federal criminal convictions for the civil rights violations committed in aid of anti-Reconstruction murders. Decided during the Reconstruction Era, the case represented a major defeat for federal efforts to protect the civil rights of African Americans.
Gun politics within American politics is defined by two primary opposing ideologies about civilian gun ownership. Those who advocate for gun control support increased regulation of gun ownership; those who advocate for gun rights oppose increased restriction of gun ownership. These groups often disagree on the interpretation of laws and court cases related to firearms and of the effectiveness of firearms regulation on crime and public safety. It is estimated that U.S. civilians own 393 million firearms, and that 40% to 42% of the households in the country have at least one gun. The U.S. has by far the highest estimated number of guns per capita in the world, at 120.5 guns for every 100 people.
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law.
The Civil Rights Act of 1866 was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States.
David T. Hardy is an American private attorney and has practiced law since 1975. A graduate of the University of Arizona Law School, he previously served as an attorney with the U.S. Department of the Interior in Washington, D.C., for ten years and now lives in Tucson, Arizona, where he practices law.
The 39th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1865, to March 4, 1867, during Abraham Lincoln's final month as president, and the first two years of the administration of his successor, U.S. President Andrew Johnson.
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868.
The Freedmen's Bureau bills provided legislative authorization for the Freedmen's Bureau, which was set up by U.S. President Abraham Lincoln in 1865 as part of the United States Army. Following the original bill in 1865, subsequent bills sought to extend its authority and lifespan. Andrew Johnson tried to derail the bill's intention to aid freed slaves, until the Bureau was disbanded during the first term of U.S. President Ulysses S. Grant.
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).
In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state agencies and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In addition to federal gun laws, all state governments and some local governments have their own laws that regulate firearms.
Presser v. Illinois, 116 U.S. 252 (1886), was a landmark decision of the Supreme Court of the United States that held, "Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States." It states that the Second Amendment to the United States Constitution limited only the power of Congress and the national government to control firearms, not that of the states, and that the right to peaceably assemble in the First Amendment to the United States Constitution was not protected by the clause referred to except to petition the government for a redress of grievances. This decision was overruled in McDonald v. City of Chicago in (2010).
Nunn v. State, 1 Ga. 243 (1846) is a Georgia Supreme Court ruling that a state law ban on handguns was an unconstitutional violation of the Second Amendment to the United States Constitution. This was the first gun control measure to be overturned on Second Amendment grounds.
Nor is the right involved in this discussion less comprehensive or valuable: "The right of the people to bear arms shall not be infringed." The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, reestablished by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta!
Stephen P. Halbrook is a senior fellow at the Independent Institute and an author and lawyer known for his litigation on cases involving laws pertaining to firearms. He has written extensively about the original meanings of the Second Amendment and the Fourteenth Amendment. He has argued and won three cases before the US Supreme Court: Printz v. United States, United States v. Thompson-Center Arms Company, and Castillo v. United States. He has also written briefs in many other cases, including the Supreme Court cases Small v. United States and McDonald v. Chicago. In District of Columbia v. Heller, he wrote a brief on behalf of the majority of both houses of Congress. He has written many books and articles on the topic of gun control, some of which have been cited in Supreme Court opinions. He has testified before congress on multiple occasions. Halbrook's most popular book is That Every Man Be Armed, originally published in 1986. The book is an analysis of the legal history and original intent of the Second Amendment.
The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. The Second Amendment declares:
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.
