History of Law: The Origin of 3 Amendments

In order to understand the laws of this country, we must first understand their origin. No law was created without reason. A perfect example of this is our first 5 amendments, as well as those laws/acts that have occurred due to supreme court cases. This week, we will be covering the origins of 3 of our most interesting laws.

Second Amendment: The Right to Bear Arms

The origin of this amendment is that when preparing for the American Revolution,the United States was not yet free from the King so they did not have a proper military. This resulted in the need for militias to be protected from the British government.

We still have this in place, regardless of the fact that the United States does have their own national military. This is because the law also allows citizens to protect themselves against any immediate threat to their wellbeing. However, there are obviously regulations to this, such as the fact that all firearms someone owns must be registered and background checks are used for purchase.

Third Amendment: Quartering Troops

a. Although this is often forgotten when speaking on amendments, it was very important in the time of its creation; it was a direct response to Great Britain’s Quartering Act.

b. The Quartering Act was an act passed by the British parliament that allowed for British troops to force themselves into public buildings, or any place they deemed fit for a place to sleep at night. The third amendment was a direct response to this, basically allowing the American’s to refuse the troops from these buildings/their homes.

Thirteenth Amendment: Abolition of Slavery

a. This amendment was passed after the end of the Civil War. This was because even after the Emancipation Proclamation was made, it did not fully end slavery and guarantee lack of loopholes. The amendment was passed in December of 1865 and like every amendment, it altered the constitution ensuring that the end of slavery was permanent. It also outlawed any form of involuntary servitude.

Bonus | Florida Court Case: Gideon v. Wainwright

This case was brought up to the supreme court when Clarence Gideon wasfound trespassing in Panama City. He could not afford a lawyer and had to represent himself in court, leading to him being sentenced to 5 years.

Two years later, once brought to the supreme court, it was ruled that according tothe sixth constitution, he had the right to an attorney. With an attorney, he was found not guilty.

This remains a very important court case in the history of the United States, and constantly reminds us that we have the right to legal representation as states in the sixth amendment.

With these laws and cases in mind it is important to follow the laws and navigate the legal system effectively!