Simone Lawson
The Second Amendment to the United States Constitution, often cited as U.S. Const. amend. II, protects the right to keep and bear arms. The standard for legal citations, including this amendment, is set by The Bluebook: A Uniform System of Citation. The Second Amendment was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The Supreme Court affirmed in District of Columbia v. Heller (2008) that the Second Amendment protects an individual's right to keep a gun for self-defence.
| Characteristics | Values |
|---|---|
| Format | All citations of the U.S. Constitution begin with U.S. Const., followed by the article, amendment, section, and/or clause numbers as relevant. The terms article, amendment, section, and clause are always abbreviated art., amend., §, and cl., respectively. |
| Article and Amendment Numbers | Given in Roman numerals (I, II, III) |
| Section and Clause Numbers | Given in Arabic numerals (1, 2, 3) |
| Date | If the cited part of the Constitution is currently in force, no date is included. If the cited part has been repealed or amended, include the year of repeal or amendment in parentheses. |
| Reference | The Bluebook: A Uniform System of Citation (18th ed., 2005; www.legalbluebook.com) |
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What You'll Learn
Citing the US Constitution in APA style
To cite the US Constitution's Second Amendment in APA style, follow the Bluebook Rule 11 for federal and state constitutions.
Firstly, if you are making a passing reference to the US Constitution, you can mention it in the text without a reference list entry. For example, "Law students described a great affinity for the U.S. Constitution in their response papers".
However, if you are using a part of the US Constitution as evidence, you should construct the citation as follows:
> U.S. Const. amend. II
The term "amendment" is abbreviated to "amend." and is followed by Roman numerals (I, II, III). If the part of the Constitution you are citing has been repealed or amended, include the year in parentheses, for example:
> U.S. Const. amend. XVIII (repealed 1933)
Note that for parts of the Constitution currently in force, do not include a date.
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The Second Amendment and the right to bear arms
The Second Amendment to the United States Constitution protects the right to keep and bear arms. The text of the amendment reads:
> 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 was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The amendment has been the subject of intense debate, with some arguing that it provides an absolute right to own weapons, while others contend that it is limited to purposes related to serving in a state militia.
In District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defense. This was the first time the Court explicitly ruled that the amendment guarantees an individual's right to own a gun. The Court also clarified that the right is not unlimited and does not prevent certain prohibitions, such as those forbidding the possession of firearms by felons or restrictions on dangerous weapons.
In McDonald v. Chicago (2010), the Supreme Court further ruled that the Due Process Clause of the Fourteenth Amendment applies the Second Amendment to state and local governments, limiting their ability to infringe upon this right. This ruling was reaffirmed in Caetano v. Massachusetts (2016), where the Court reiterated that the Second Amendment extends to all bearable arms, even those not in existence at the time of the founding, and is not limited only to firearms or weapons of warfare.
When citing the Second Amendment in academic work, the Bluebook is the standard reference for legal citations. In APA style, citations begin with "U.S. Const." followed by the amendment number in Roman numerals (e.g., "U.S. Const. amend. II" for the Second Amendment). Dates are generally not included for parts of the Constitution currently in force.
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The Second Amendment in Supreme Court cases
The Second Amendment of the US Constitution states:
> 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 has been the subject of several Supreme Court cases that have interpreted and applied this provision to specific contexts. Here are some notable examples:
District of Columbia v. Heller
In this landmark case, Justice Antonin Scalia wrote the majority opinion, rejecting the argument that the Second Amendment protects only the right to possess and carry firearms in connection with militia service. Instead, Justice Scalia interpreted the amendment as protecting an individual's right to possess firearms for traditionally lawful purposes, such as self-defence within the home. This broad understanding of gun rights under the Second Amendment has been reaffirmed in subsequent Supreme Court decisions.
Lewis v. United States (1980)
This case affirmed the individual right to possess a firearm unconnected with service in a militia. The court also recognised that the use of firearms for traditionally lawful purposes, such as self-defence, falls within the scope of the Second Amendment.
Garland v. Cargill (2024)
The court ruled that an individual who poses a credible threat to the physical safety of another person may be temporarily disarmed, consistent with the Second Amendment. This decision aligns with the previous ruling in United States v. Rahimi, where the court permitted the temporary disarming of individuals posing a threat to others.
New York State Rifle & Pistol Association, Inc. v. Bruen (2022)
The court clarified that the Second Amendment covers all instruments that constitute "bearable arms," even those not in existence at the time of the founding. In this case, the court determined that a bump stock accessory for a semi-automatic rifle does not convert the rifle into a "machine gun" under federal gun control laws.
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The Second Amendment and the Bill of Rights
The Second Amendment to the United States Constitution, ratified on December 15, 1791, protects the right of Americans to possess weapons for their protection, the defence of their rights, and the defence of their property. The amendment reads:
> "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 has been a source of considerable debate, with some arguing that it creates an individual constitutional right to possess firearms, while others interpret it as restricting Congress from legislating away a state's right to self-defence. This “collective rights theory” asserts that citizens do not have an individual right to possess guns and that legislative bodies at the local, state, and federal levels have the authority to regulate firearms without violating a constitutional right.
The interpretation and application of the Second Amendment have evolved over time. Initially, the right to keep and bear arms was not extended to all Americans, with most African Americans forbidden from owning weapons until the Reconstruction Amendments. The Supreme Court rulings in United States v. Cruikshank (1876) and United States v. Miller (1939) further shaped the understanding of the amendment. In the former, the Court struck down arguments that the Fourteenth Amendment extended the Second Amendment rights to individuals against state governments. In the latter, the Court adopted a collective rights approach, determining that Congress could regulate certain firearms under the National Firearms Act of 1934.
In more recent times, the Supreme Court decisions in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010) have strengthened Second Amendment protections. The District of Columbia v. Heller case affirmed that the Second Amendment protected the right of individual citizens to keep and bear arms for self-defence, not just for a state-run militia. The McDonald v. City of Chicago case ruled that the Second Amendment's provisions were protected at the state level by the Fourteenth Amendment's Due Process Clause.
When citing the Second Amendment in academic work, the general format is to begin with "U.S. Const." followed by the amendment number in Roman numerals (in this case, "II"). If referring to a specific section or clause within the amendment, use Arabic numerals (e.g., §1, 2, 3). Dates are generally not included for parts of the Constitution currently in force. However, if referring to a repealed or amended section, include the year of repeal or amendment in parentheses. For specific citation styles, such as APA, it is recommended to consult style guides or resources like The Bluebook.
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The Second Amendment and state laws
The Second Amendment of the United States Constitution reads: "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 interpretation of this amendment has been a highly debated topic, with some arguing that it creates an individual constitutional right to possess firearms, while others believe that the Framers intended to restrict Congress from legislating away a state's right to self-defense.
When citing the US Constitution, the general format is as follows: U.S. Const., followed by the relevant article, amendment, section, and/or clause numbers. Article and amendment numbers are denoted by Roman numerals (I, II, III), while section and clause numbers use Arabic numerals (1, 2, 3). Dates are not included for parts of the Constitution that are currently in force. However, if referring to a repealed or amended section, include the year of the change in parentheses.
The Second Amendment has been the subject of numerous court cases that have shaped its interpretation and application. In District of Columbia v. Heller (2008), the Supreme Court affirmed the individual right to bear arms for self-defense, while also acknowledging that this right is not unlimited and does not override certain prohibitions, such as those for felons or the mentally ill. The McDonald v. Chicago (2010) case clarified that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment against state and local governments, limiting their ability to infringe upon this right.
State laws regarding the Second Amendment have been challenged in various court cases. For example, in Kachalsky v. County of Westchester (2012), a New York law requiring a license to carry a concealed firearm in public for general purposes was upheld, as individuals needed to show proper cause. However, in Bruen (2022), the Court struck down a similar New York law, disavowing the use of "means-end tests" and focusing on the historical nature of the right to bear arms. Additionally, the Court's ruling in New York State Rifle & Pistol Association, Inc. v. Bruen (2022) affirmed the right to carry weapons in public spaces, with reasonable exceptions, and set a precedent for evaluating laws that limit Second Amendment rights based on historical context and principles.
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Frequently asked questions
The Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms.
All citations of the U.S. Constitution in APA style begin with "U.S. Const.", followed by the relevant amendment number, written in Roman numerals. In this case, the citation would be "U.S. Const. amend. II".
In District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defense in the home.
In McDonald v. Chicago (2010), the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon the right to keep and bear arms.
The full text of the Second Amendment can be found in the Bill of Rights, which was ratified on December 15, 1791.
