Wednesday, September 9, 2009

Prep for Constitution Day #9

Folk Hero Davy Crockett

Today's Topic: The Second and Third Amendments

The Second Amendment says:

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.

People interpret the Second Amendment in many ways. For example:
  • People can keep guns for personal protection.
  • People can keep guns only to protect the community (ex: police, national guard, army).
  • People can keep as many guns as they want for any reason.

There are many state and local laws that control the use of guns. For example:

  • In some cities or states, people must register their gun.
  • In some cities or states, people must have a special license to carry a gun.
  • People cannot bring a gun to public places, such as school, work, or government offices.
  • If a person uses a gun during a crime, the courts will add more time to the jail sentence.

The Third Amendment says:

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.

Before the American Revolutionary War, British soldiers took people's houses and lived in them. Because there has been no war since the Civil War in the United States, the government uses the Third Amendment as the constitutional basis for the right to privacy, or to own private property.

Some people think that the Third Amendment should be used as the constitutional basis of what a US soldier can and cannot do. The US Army, Navy, Air Force, and Marines, have their own rules and procedures which follow the US Constitution.

Protecting the United States is the duty of all US citizens!

Some people become eligible for US Citizenship based on their military service. On the N-400, they would check YES on Part 2 C and Part 10 Section F 29.

If a legal permanent resident is a male between the ages of 18-26, he must register for the Selective Service ("the draft"). If there is a national or international emergence, the goverment can call people to join the Armed Services. For more information, see N-400 Part 10 Section G or go to Selective Service System. Women do not have to register for the Selective Service.

During the USCIS interview, the officer will asks Part 10 Section H 37:

If the law requires it, are you willing to bear arms on behalf of the United States?

Some people are willing to carry a weapon--and possibly kill another person--to protect their country. They can check YES on questions N-400 Part 10 Section H 36, 37, 38, 39.

Other people, non-combatants, do not want to carry a weapon, but will support combatants. They can check NO on question 36 & 37, and YES on 38 & 39. During the Oath Ceremony, they will not take the full Oath of Allegiance--they will remain silent during the promise to "bear arms." Non-combatants fulfill their obigation of citizenship by helping to keep the United states safe and secure.

Some people belong to religions that do not let their people carry guns, support the army, or take oaths. They check NO on 36, 37, 38. These people can become citizens because they promise to obey the Constitution. and support the US government.

US Department of Defense: Constitution Day

US Citizenship Podcast: The Military

No comments: