Describe the events that led to recent Supreme Court cases regarding the Second Amendment Quizlet

Q: What has the US Supreme Court said in important cases regarding the Second Amendment?

The court ruled in Hellers favor, affirming an individual right to keep handguns in the home for self-defense. Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

Description

The D.C. v. Heller and McDonald v. Chicago Supreme Court cases addressed issues relating to an individual's right to bear arms and the incorporation of the Second Amendment to the Constitution. This lesson has students use C-SPAN video clips of attorneys and law professors discussing the cases to learn about the precedents established in the cases and apply those standards to current gun control topics.

Inhaltsverzeichnis Show

Description
Additional Resources
What events led to the creation of the Second Amendment?
What has the US Supreme Court said in important cases regarding the Second Amendment?
In which case did the Supreme Court apply Second Amendment protections to the states?
How has the Supreme Court changed its stance on the meaning of the Second Amendment quizlet?

Procedures

WARM-UP:
Begin class by having students perform the task below in order to engage the class in a discussion about the multiple interpretations of the text.
- Read the text of the Second Amendment and provide a 1-2 sentence summary of what it means.
“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.”
INTRODUCTION:
After reviewing and discussing students' interpretation of the Second Amendment, students will view the following three clips and answer the guiding questions. Students can also access these videos and questions using the Second Amendment Supreme Court Cases Handout.

HANDOUT: Second Amendment Supreme Court Cases (Google Doc)
VIDEO CLIP 1: The Gun Debate and the Second Amendment (3:17)
- Describe the events that led to recent Supreme Court cases regarding the Second Amendment.
- According to Professor Garvey, what was the major Constitutional question that was debated on this topic? How did D.C. v. Heller address this issue?
- What did the D.C. v. Heller ruling say about regulation of guns?
- According to Professor Garvey, what Constitutional questions did the D.C. v. Heller ruling not address?
VIDEO CLIP 3: McDonald v. Chicago and Local Gun Restrictions (2:20)
- Describe the precedent set in the D.C. v. Heller case.
- What restrictions did the city of Chicago have on firearms?
- What arguments did Chicago make in this case?
- Describe the ruling in McDonald v. Chicago.
EXPLORATION:
Review the answers and information from the introductory videos and address any misconceptions.

Have the students watch the video clips dealing with the two cases. Using the chart take notes on the impact of the cases and Constitutional questions/issues not addressed in the cases. Students can also be assigned videos and present their information to the class.
APPLICATION AND CONCLUSION:
As a class discussion or written assignment, have the students respond to the following prompt. Students should be able to support their arguments with information from the video clips.
- Based on the precedents in D.C. v. Heller and McDonald v. Chicago, what specific types of gun regulations should be permissible?
EXTENSION ACTIVITY:
Gun Control Legislation Research- Research a state law relating to gun control. Students can research specific state gun control laws using the Giffords Law Center website. For chosen law provide the following:
- Summary of the law/policy and the specific restrictions
- How it relates to D.C. v. Heller and McDonald v. Chicago
- Using the precedents set in the cases and the two-part test adopted by most federal courts (Does it implicate the Second Amendment and does it burden the right to bear arms?), evaluate whether this law should be Constitutionally permissible?
ADDITIONAL PROMPTS:
- How were the D.C. v. Heller and McDonald v. Chicago cases similar and different?
- How did the McDonald v. Chicago case use the precedent set in D.C. v. Heller to expand Second Amendment rights?
- In your opinion, was D.C. v. Heller decided correctly? Explain your answer.
- Should regulations regarding firearms be implemented at the state or national level? Provide support for your arguments.

Additional Resources

Handout: Second Amendment Supreme Court Cases (Google Doc)
C-SPAN Classroom Deliberations: How Should the Issue of Gun Violence be Addressed in the United States?
Bell Ringer: Justice Breyer on the D.C. v. Heller Ruling
Bell Ringer: 2nd Amendment & Incorporation

Vocabulary

Assault Weapons
D. C. V. Heller
Due Process Doctrine
Enumerated
Felon
Firearms
Granting Cert
Gun Control
Handguns
High-capacity Magazine
Incorporation
Incorporation Doctrine
Intermediate Scrutiny
Jurisdictions
Libertarians
Mcdonald V. Chicago
Militia
Municipalities
Precedent
Regulation
Right To Bear Arms
Second Amendment
Security
Self-defense
Strict Scrutiny
Time Place And Manner
Unconstitutional
Writ Of Certiorari

Topics

Constitutional FoundationGun Rights & Firearm LegislationSupreme Court Cases

Grades

High SchoolUniversity

What events led to the creation of the Second Amendment?

The origins of the Second Amendment can be traced to ancient Roman and Florentine times, but its English origins developed in the late 16th century when Queen Elizabeth I instituted a national militia in which individuals of all classes were required by law to take part to defend the realm.

What has the US Supreme Court said in important cases regarding the Second Amendment?

The court ruled in Heller's favor, affirming an individual right to keep handguns in the home for self-defense. “Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

In which case did the Supreme Court apply Second Amendment protections to the states?

In the 2008 case District of Columbia v. Heller, the Supreme Court held that the "Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."

How has the Supreme Court changed its stance on the meaning of the Second Amendment quizlet?

How has the Supreme Court changed its stance on the meaning of the Second Amendment? It reversed a ruling that the amendment only applies to weapons related to maintaining a militia.