Constitutional Law - The 2nd Amendment - A Look at the Arguments

Constitutional Law – The 2nd Amendment

The Right to Bear Arms – very few topics cause such a stir in our society. The 2nd Amendment protects the people’s right to bear arms – but what does that mean? Can the people only bear arms in service to a militia? Or can they bear arms individually? Does the 2nd Amendment apply to the states or only to the federal government?

And what are the arguments in favor of bearing arms individually? What are the arguments in favor of gun control? 

All these questions and more will be explored in this class.

The goal is not to persuade you to one side or the other – it is to lay out the facts, the case law, and the arguments in a manner that will allow you to make up your mind on your own, and then explain why you hold that position.

I also will reveal a personal bias as a former member of the military. Before I was trained in the use of the M-16 for my deployment to Iraq in 2010, I was nervous around weapons. After my training, I became more comfortable around weapons but also very aware of their destructive power. I make you aware so that my bias does not color my teaching - I will remain neutral throughout the course. 

My goal is to have intelligent discussion around the topic of the 2nd Amendment, not push students to agree with me.

The core of this class will be around student discussion after reading and learning about the facts of about the right to bear arms. While the schedule is always subject to change, the basic format will be as follows:

Day 1: Why the 2nd Amendment Exists
•	History of the 2nd Amendment
•	Can we have liberty without the right to defend ourselves?
•	If we cannot defend ourselves, who should we rely on to defend us?

Day 2: Exploring the Case Law and the 2nd Amendment
•	Cruikshank (1875)
•	Presser (1886)
•	Miller (1939)

Day 3: Continuing the Case Law and the 2nd Amendment
•	Lopez (1992)
•	Heller (2008)

Day 4: Finish up the Case Law
•	McDonald (2010)
•	Caetono (2016)

Day 5: Pro Gun Control Arguments
•	What are the Arguments?
•	Do they work?

Day 6: Pro Gun Control Laws
•	A look at several laws from various states

Day 7: Pro Right to Bear Arms Arguments
•	What do the laws say?
•	Do they work?

Day 8: Pro Right to Bear Arms Arguments
•	A look at several laws from various states

Day 9: International Laws and the Right to Bear Arms
•	The United Kingdom
•	Soviet Union (historical)
•	Japan

Day 10: Bring it All Together
•	What is your opinion on the Right to Bear Arms – Make an Argument and support it based on what you have learned