Myth: The right to bear arms cannot be taken away. In California, a governor's pardon is the only remedy to restore a felon's right to possess a firearm and only if the felon was not convicted of a crime involving the use of a dangerous weapon (Penal Code Section 4854).
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 adjective prefatory describes something that serves as a beginning or introduction. The president of the organization made some prefatory remarks before the main speaker at the event. Prefatory is often used to describe an introduction to a speech, book, or other text.
Scholars call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a ...
2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, con- cealed weapons prohibitions have been upheld under the Amendment or state analogues.
The Fifth Amendment to the U.S. Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about herself – the so-called “right to remain silent.” When an individual “takes the Fifth,” she invokes that right and refuses to answer questions or provide ...
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
Described by some as “a preference for the Civilian over the Military,” the Third Amendment forbids the forcible housing of military personnel in a citizen's home during peacetime and requires the process to be “prescribed by law” in times of war.
Can Amendments Be Repealed? Any existing constitutional amendment can be repealed but only by the ratification of another amendment. Because repealing amendments must be proposed and ratified by one of the same two methods of regular amendments, they are very rare.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.