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.
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. “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)Description
Procedures
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
Topics
Constitutional FoundationGun Rights & Firearm
LegislationSupreme Court CasesGrades
High SchoolUniversity