CURRENT ISSUES 2ND AMENDMENT DEBATE

Resolved: The Second Amendment is an outdated clause of the US Constitution, and is relevant only to having a well regulated militia.

Quick Summary of the Debate http://www.youtube.com/watch?v=pc-

7cm5bBUU&feature=relmfu http://www.youtube.com/watch?

v=cOLoIpqfvFg&feature=relmfu http://www.youtube.com/watch?v=McY2rQ-6-KM

What were some events that have retriggered the gun debate?

What are some gun control advocates calling for?

What are some arguments against?

Second Amendment

ENGLISH TRADITION English political tradition (required land

owners to be in a militia) English nobility attempted to outlaw

guns in 1328 English Bill of Rights- gave gun rights to

some individuals (protestants).

Second Amendment

AMERICAN TRADITIONSColonial History- reliance on militias prior

to organization of Continental Army.Fear of a standing national army

(permanent military group-maintained in peace & war)

States demanded control over own militias to protect against Federal tyranny

2nd Amendment in BOR helped protect states and individuals from too strong central Gov.

Interpretations of the 2nd Amendment

Five leading issues in debate over guns today:1. origin of the right to bear arms2. the meaning of the word “militia”3. the meaning of “people”4. incorporation of the BOR, 2nd Amendment

in particular, to the states5. What are reasonable restrictions?

Where does the right to bear arms originate?

-English Bill of Rights (1689) clearly spoke of individual right to bear arms-but only gave Protestants right to own guns

-Colonial rights associated with a militia-Mass. and VA Declaration of Rights state,

“well regulated militia is the natural defense of a free government.”

Definition of “militia”

Different Views-state armies, like today’s National Guard

(this view denies personal gun ownership)

-group of citizens that could be called together to defend themselves and neighbors

Who are “the people”

-When 2nd Amendment states “…the right of the people…” does that mean “individuals?”

-Some say “the people” refers to the state body

-Others say Madison connected “powers” to gov. bodies, and “rights” to individual people

Incorporation of the 2nd Amendment

14th Amendment-extends, in general, BOR to the states

-Specifically, BOR incorporated to states on case by case basis in the Supreme Court

-Supreme Court has not taken many 2nd Amendment cases-application still not clear

Ex.’s – D.C. handgun law, -extend to Chicago??

Summary of the DEBATE: PBS Need to Know… the Second Amendment Watch this debate and make a T-chart

documenting the pro’s and con’s of the second amendment.

http://www.cbs.com/shows/60_minutes/video/2373230339/newtown-families-on-gun-control-part-one

http://www.pbs.org/wnet/need-to-know/video/need-to-know-april-26-2013-american-gun-debate/16827/

Discussion Questions

1. Does the 2nd Amendment refer to a well regulated militia, or to individual gun ownership?

2. Does the 2nd Amendment attempt to protect against tyrannical government or against crime?

3. The BOR applies at the national level, should it also apply at the state level?

Discussion Questions

4. When does the government have the right to restrict personal liberty in favor of safety and the common good?

5. Is the need to have a “well-regulated militia” outdated?

6. Should all weapons be protected under the 2nd Amendment? If not, what types should be restricted?