Constitution Questions

2nd Amendment

• Your important questions answered…

Attitude Inventory• For each of the questions below:• Write whether you strongly agree, agree, disagree or strongly

disagree • And explain why

1. The 2nd Amendment is one of the most important rights listed in the Bill of Rights.

2. The United States needs additional gun control measures to control who can get access to guns.

3. The United States needs additional gun control measures to control what types of weapons people can buy.

The 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 this mean….

• That people have the right to bear arms BECAUSE a well-regulated militia is needed?

• OR

• That a well-regulated militia is needed AND people should have the right to bear arms?

The Great Compromise

POWER writing!3 minutes

Constitution EnlightenmentEqual Representation

1st Amendment

Articles of Confederation

Thomas Jefferson

Tinker vs. Des Moines

Bill of Rights

Proportional Representation

New Jersey Plan

Virginia Plan

2nd Amendment

The 2 Interpretations• The right to bear arms is a COLLECTIVE right• Given because we need militias/a military• People who see the 2nd Amendment this way generally want more gun

control

• The right to bear arms is an INDIVIDUAL right• Given because people have the right to own guns• People who see the 2nd Amendment this way generally want less/very

limited gun control

IMPORTANT SUPREME COURT CASES

United States v. Miller (1939)• Background: Law that limited some types of firearms, saying

that they must be registered (1934)

United States v. Miller Decision

• The 2nd Amendment did NOT protect the rights of people who wanted to buy these guns

• Why: A shotgun with a barrel less than 18 inches long had no reasonable relation to the a well regulated militia

Lewis v. United States (1980)

• A felon sued, arguing that he deserved his 2nd Amendment right to own a gun

Lewis v. United States (1980)Decision• Decision: The felon’s rights were not protected by the 2nd

Amendment• Congress could prohibit convicted felons from owning

firearms.

D.C. v. Heller (2008)

• A number of citizens sued Washington D.C. over a law that restricted their right to have guns (ban on handguns, storage laws for rifles)

D.C. v. Heller (2008)Decision• The Supreme Court overturned the District of Columbia’s gun

law, which banned virtually all weapons, stating that the Second Amendment protected the individual right to keep handguns at home for self-defense.

• Federal court denied relief to plaintiffs—2nd amendment doesn’t apply to individuals

Supreme Court’s evolution on 2nd Amendment• Until D.C. v. Heller, federal courts only recognized the 2nd

Amendment as a collective right• Supreme Court’s decision in D.C. v. Heller determined that the

2nd Amendment protects an individual right

GUN CONTROL PROPOSALS

What do you think?

1. Close the “gun show loophole”• Make those who buy guns at gun shows get background checks2. Ban “high risk” individuals from getting guns People who have domestic violence convictions, previous violent records,

etc.

3. Ban those found to be mentally ill from getting guns4. Mandatory gun safety classes for gun owners5. Ban semi-automatic guns6. Ban magazines with more than 10 rounds

• Do you support this proposal? • Write “Yes” or “No” next to each proposal to indicate your response.

The Arguments

Pro-Gun Control:

• Making crimes harder, make them rarer• Most violent crimes are

committed guns• Background

checks/waiting period will deter criminals • Semi-automatic

weapons are meant for military/police

Anti-Gun Control:

• An unarmed public is more dangerous • Stringent guns laws

won’t reduce shootings• Criminals will always find

a way to get guns• Black markets• Infringement on liberty

Discuss in groups of 4• Use the task card

Sharing out conclusions:

1. What limits, if any, did your group think should exist on the 2nd Amendment?

2. Which gun control measures had the most support in your group? Which had the least support?

3. What interesting points did people make in your group discussion?