Lesson 2: Courting Controversy: The First and Second Amendments

Activity 2.3: Have Gun Will Travel

File:Dalton Gang memento mori 1892.jpg

The Second Amendment has stirred more controversy in the past 75 years than at any other time in American history. Its a constitutional right that has been interpreted in multiple ways that never seem to satisfy anyone. In the above picture, 4 members of the Dalton Gang lie dead after attempting to rob the bank of Coffeyville, Kansas in 1892. Though the local law enforcement was summoned, it was the armed citizenry of the town exercising their Second Amendment rights that took down the gang.

The United States of America is the most well-armed nation in world history. Not every American owns a firearm, but those Americans that do own multiple firearms. The vast majority of Americans that own weapons do so legally and are extremely responsible. However, guns are used to express violence by other people in the United States that are not as responsible. Consequently, thousands of innocent Americans die every year from bullets fired from guns. Some believe that guns keep up safer than we would otherwise be while other believe that only the members of the government should have access to firearms. Who should own guns? Should the Constitution be amended to repeal the Second Amendment? In this lesson, you will encounter the reasons behind the Second Amendment, how it has been interpreted over the course of history, and how it is affected by federal legislation.

Benchmark 9.1.3.4.2:

Explain the scope and limits of rights protected by the First and Second Amendments and changes created by legislative action and court interpretation.

Learning Target:

I can...describe the controversy surrounding the interpretation of the Second Amendment and related Supreme Court cases.

Essential Question:

How has the Second Amendment been reinterpreted in the past century?

To complete Activity 2.3 please follow the steps below:

STEP 1

Below, read the text of the Second Amendment as it appears in the Bill of Rights. You may use this for reference through this activity:

Amendment II

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.

STEP 2

Using the links provided in the tasks and questions, gather the necessary information to construct a proper response. Write your responses on a Google or Word doc to keep them secure. When finished with the activity, you will upload your responses following the directions outlined in STEP 4

  1. The Second Amendment is Twofold. What is meant by this statement?

  1. Explain the differences between the “individual rights” and “collective rights” interpretations of the Second Amendment.

  1. Generally speaking, which side of the firearms debate in the United States supports the “individual rights” interpretation and which side supports the “collective rights” interpretation?

  1. How did the Supreme Court’s decision in United States v. Miller (1939) affect gun ownership rights?

  1. Was this decision an “individual rights” or“collective rights” interpretations of the Second Amendment? Explain.

  1. Almost 70 years later, the Second Amendment was at the center of another Supreme Court case. How did the Supreme Court’s decision in District of Columbia v. Heller (2008) effect gun ownership rights?

  1. Was the Heller decision an “individual rights” or“collective rights” interpretations of the Second Amendment? Explain.

  1. In what ways did the Supreme Court’s McDonald v. City of Chicago (2010) decision strengthen the individual rights interpretation of the Second Amendment?

  1. Regardless of what the Second Amendment says, Additional Legislation Sets Restrictions. In your own words, what does this mean?

  1. In what ways do state laws address gun control?

STEP 3

Read through the following article, History of Gun Control Legislation. As you read complete the following tasks to guide your analysis of the article.

  1. Write down 3 sentences or phrases that provide you with a clear mental picture of what is written.

a.

b.

c.

  1. Create three questions about what you are reading from the article. These questions should begin with the words who, what, where, when, why, or how.

a.

b.

c.

  1. What is the most important idea expressed in this article?

  1. Why is it the most important idea expressed in the article?

  1. How has the Second Amendment been reinterpreted in the past century?

STEP 4

Once you have completed STEPS 1-3, please submit your work through the ADD TEXT SUBMISSION BOX.