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Tuesday, December 8, 2009

Interpreting the 2nd Amendment



2nd Amendment
"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."


Does the 2nd Amendment give all Americans the right to bear arms? ** The Supreme Court will again be looking at the 2nd Amendment this spring.

  1. Can the government place limitations or restrictions on gun ownership? Under what circumstances?
  1. What events in our recent past have fueled the gun debate? School shootings? Home invasions?
  1. What are the arguments for and against limiting the right to bear arms?


* Lawsuit Seeks Right to Carry Concealed Weapons in the District

"It's precedent-setting. It's the first time the Supreme Court has commented on this in decades," said Sheri Anne MacNeil, 30, of the District, who is with the Brady Campaign to Prevent Gun Violence. "It's monumental."

On the other side of the gun ban issue was Don Pollock, 67, a retired military special operations officer from Bowie. "This is the big one. The court finally gets to review the terrible [gun] laws of the last 70-something years."

* D.C.'s Gun Ban Gets Day in Court

* District of Columbia v. Heller

Sites to get you started. You should also search for additional data.

* US Department of Justice Firearms and Crime Statistics

* National Rifle Association

* Violence Policy Center

Assignment

You are one of the 9 Supreme Court Justices hearing the District of Columbia v. Heller. Based on your investigation of the facts, how are you going to rule and why? Are you going to take a narrow or strict constructionist view, or more broadly interpret the Constitution in stating your opinion? Draft an opinion, up to 2 pages, that clearly states your opinion based on your constitutional views, and including any other factors that influence your position.