Welcome to another week of online learning! It looks like the Missouri Constitution test was a success and you have cleared that hurdle towards graduation. This week, we will continue our examination of civil liberties, specifically looking at Amendments 2-8. Like past weeks, this will consist of daily posts, Khan Academy modules, videos, and multiple Supreme Court cases. You can find our weekly planner here.
Please continue to stay on top of the content as all of this material is part of Unit 3 which will be tested on the AP exam on May 11th.
In addition to reading today's post, please make sure you:
- Read the Street Law Summary on McDonald v. Chicago, 2010 (required case).
- Fill in the information about this case on the Supreme Court case matrix (use the same copy you have been using)
- Complete the Khan Academy modules on the 2nd Amendment
Today's Essential Question: How does the government balance public safety with individual liberty and the 2nd Amendment?
Learning Standards:
LOR-2.C: Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reflects a commitment to individual liberty.
LOR-2.C.5: The Supreme Court’s decisions on the Second Amendment rest upon its constitutional interpretation of individual liberty.
LOR-2.D.2: The debate about the Second and Fourth Amendments involves concerns about public safety and whether or not the government regulation of firearms or collection of digital metadata promotes or interferes with public safety and individual rights.
LOR-3.A.1: The doctrine of selective incorporation has imposed on state regulation of civil rights and liberties as represented by: w McDonald v. Chicago (2010), which ruled the Second Amendment’s right to keep and bear arms for self-defense in one’s home is applicable to the states through the Fourteenth Amendment
The Second Amendment
One of the most controversial amendments in the Bill of Rights is the Second Amendment and its right to bear arms. One of the reasons for dispute is the wording of the 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."
Some argue that the Framers' intent was to ensure that state militias could not be banned (focusing on the word militia in the amendment), while others contend that the phrase, "the right of the people" clearly outlines individual freedom for people to keep and bear arms.
The debate over gun control has intensified in recent years with the rise of mass shootings in the United States. Efforts to regulate or ban certain types of firearms has been met with resistance by interest groups like the NRA and individual gun owners. The Supreme Court has only recently intervened in this constitutional conflict.
DC v. Heller: In 2008, the Supreme Court overturned a Washington DC prohibition on owning unregistered handguns within district limits and upholding an individual's right to own a firearm.
McDonald v. Chicago: The Supreme Court revisited the 2nd Amendment controversy just two years later in 2010. In this case, the Court extended the protections of the 2nd Amendment (selective incorporation) to the state level (since DC is part of the federal government and not a state) and struck down Chicago's ban on handguns within the city. The Court used the 14th Amendment's due process clause to apply the 2nd Amendment to the states and support the individual right to own a firearm.
Like other amendments, the 2nd Amendment is not absolute. There are many state and federal laws that restrict gun ownership. A few of the restrictions include:
- Ban on ownership for convicted felons or mentally ill
- Restrictions on certain type of firearms (i.e. fully automatic machine guns)
- Restrictions on where guns are allowed in public places (i.e. ban on guns in schools)
- Requirements to submit to a background check
- Regulations on buying/selling of guns
Review Videos:
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