AP US Government AMSCO Guided Notes

3.9: Balancing Liberty and Safety

AP US Government
AMSCO Guided Notes

AP US Government Guided Notes

AMSCO 3.9 - Balancing Liberty and Safety

Essential Questions

  1. To what extent does the Supreme Court's interpretation of the Second Amendment reflect a commitment to individual liberty?
  2. How has the Supreme Court attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety?
I. Second Amendment: Right to Bear Arms

A. Founding Principles and Bearing Arms

1. What was the main debate about weapons at the 1787 Constitutional Convention?

2. According to historian Michael Waldman, did the Constitutional Convention delegates intend to protect private gun ownership in the Bill of Rights?

B. In the States

1. What gun regulations did various states and localities maintain before the Second Amendment was ratified?

2. How did state constitutions differ in their protection of the right to bear arms?

C. A National Standard

1. What did George Mason's proposed amendment state about the right to keep and bear arms and militia service?

D. The Second Amendment and Gun Policy

1. What is the central disagreement about the meaning of the Second Amendment between gun-control advocates and gun rights proponents?

2. How do gun rights proponents use the 'right of the people' clause to support individual gun ownership?

E. National and State Laws

1. Why did Congress pass the National Firearms Act in 1934 and what did it regulate?

2. What were the main provisions of the Gun Control Act of 1968 and what problem was it designed to address?

3. What did the Brady Handgun Violence Prevention Act establish and what loopholes does it contain?

F. The Road to Heller

1. What was the specific gun regulation that Dick Heller challenged in District of Columbia v. Heller?

2. What did the Supreme Court rule in Heller regarding the Second Amendment and individual gun ownership?

3. Why was the Heller decision limited in its impact on state and local gun laws?

II. Amendments: Balancing Individual Freedom with Public Order and Safety

A. Cruel and Unusual Punishments and Excessive Bail

1. What historical abuses by British kings led the colonists to include protections against cruel and unusual punishment in the Bill of Rights?

B. Eighth Amendment

1. What does the Eighth Amendment prohibit and what debate exists about capital punishment?

2. What were the main reasons the Supreme Court halted capital punishment in Furman v. Georgia?

3. How did Gregg v. Georgia change the application of the death penalty and what safeguards did it require?

4. What categories of defendants has the Supreme Court prohibited from receiving the death penalty in recent years?

C. Guantanamo Bay and Interrogations

1. Why did the U.S. military establish a detention camp at Guantanamo Bay and what constitutional questions did this raise?

2. What was the 'torture memo' and what interrogation techniques did it justify?

3. How did President Obama's policies differ from the Bush administration's approach to interrogating terrorism suspects?

D. Individual Rights and the Second Amendment

1. What statistics demonstrate the scope of gun violence in the United States?

2. What types of gun restrictions did states pass after the Newtown massacre?

3. How do state gun laws differ based on which political party controls the legislature?

4. What recent state laws have expanded gun owners' rights and what laws have restricted gun access?

E. Search and Seizure

1. What British practice of searching colonists' property contributed to the American Revolution?

F. Fourth Amendment

1. What protections does the Fourth Amendment provide and what is the requirement for obtaining a search warrant?

2. What is probable cause and how does it relate to both search warrants and arrests?

3. What are the main exceptions to the warrant requirement that law enforcement can use?

4. In what situations has the Supreme Court ruled that warrants are required despite potential exceptions?

G. Cell Phones and Metadata

1. How did the September 11 attacks influence the government's approach to electronic surveillance and Fourth Amendment protections?

2. What is metadata and how did the NSA's collection of telephone metadata raise Fourth Amendment concerns?

3. What programs like PRISM did the government use to collect information and what constitutional questions did they raise?

Key Terms

Brady Handgun Violence Prevention Act (1993)

District of Columbia v. Heller (2008)

Gun Control Act (1968)

National Firearms Act (1934)

Second Amendment (1791)

Eighth Amendment (1791)

Fourth Amendment (1791)

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