Bar Exam Practice Questions

What does the Second Amendment to the Constitution protect?

1. The right to a fair trial

2. The right to free speech

3. The right to bear arms

4. The right to privacy

The correct answer is: The right to bear arms

The Second Amendment to the Constitution specifically protects the right to bear arms. This amendment was ratified in 1791 and 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." This means that individuals have the right to possess weapons for their own defense and for the protection of their state. The historical context of the Second Amendment relates to the Founding Fathers' concerns about the potential for tyranny and the need for citizens to be able to protect themselves and their rights. Over the years, various Supreme Court cases have interpreted this amendment, reinforcing the individual right to own firearms while still allowing for certain regulations. The other choices address different rights within the Constitution. The right to a fair trial is covered by the Sixth Amendment, the right to free speech is protected by the First Amendment, and the right to privacy is not explicitly stated in the Constitution but has been inferred from various amendments by the courts.