ACTIVITY: FACT OR FICTION
The Little Lawyers Know More
All little lawyers know that words matter. You can often separate the facts from any issues by looking carefully at the words of the law.
People often say, "Oh, the Second Amendment is the right to bear arms." Is that fact or fiction?
FICTION! Little Lawyers, you can now tell others that is not true.
In 1791, the frames thought that these were natural rights or God-given rights, but not an absolute one. Neither the Bill of Rights, the Second Amendment talk about giving the right, just about the ability to keep to keep it for the reasons given. The Second Amendment was just a reminder to the federal government that they should not try to stop local people from having this right to do so for the sake of protecting themselves.
” 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.”
For kids who are not familiar the Second Amendment yet, here it is in a nutshell. Out of the 27 amendments in the U.S. Constitution, the Second Amendment stated above is just one sentence. When it became law in December 1791, it was not a big deal. Why you might ask? Because almost every white male, 16 and older, played a role in protecting their town or village. That's what is meant by the word "Militia". But, the amendment was more about making sure all these people could keep weapons, or "Arms", to protect themselves. The is obvious from the four final words "shall not be infringed".
Back then this right was "necessary" for several reasons. The most important one being, there were no police officers, FBI agents, and national guard to call in, so average citizen had to take steps to help keep "the security of a free State".
CIRLCE YOUR ANSWER. THEN JUST LIKE A LITTLE LAWYER SHOULD, HIGHLIGHT THE WORDS IN THE BILLS OF RIGHTS BELOW THAT HELPED YOU MAKE YOUR CHOICE. JUST THE FACTS!
[FACT] OR [FICTION] (1) The Fourth Amendment’s ban on unreasonable search and seizure serves only to protect criminals.
[FACT] OR [FICTION] (2) The wording of the Second Amendment explicitly gives individuals the right to own and carry firearms. Meaning, I can carry a firearm whenever and wherever I want.
[FACT] OR [FICTION] (3) The First Amendment rights to free speech and peaceable assembly are absolute. Meaning, I can say whatever I want whenever and wherever I want.
[FACT] OR [FICTION] (4) The First Amendment’s free press is total independent from the government and the government it reports on.
[FACT] OR [FICTION] (5) The Fifth Amendment’s helps guilty people get out of helping to prove their own guilt.
For example, if your mom asked you if you stole a chocolate chip cookie from the jar in the kitchen, and you plead the fifth even if there are fresh cookie crumbs on your face and a melting chocolate chip on your front tooth.