Second Amendment
GOVT 2306 – EXERCISE #3 Second Amendment and the States Due November 11 Worth maximum of 100 points One paper of 3-4 pages in length INSTRUCTIONS: Use an essay format, which means you write thesis statement (s), major points, and conclusion statement(s). Do not number the portions of the essay or write the questions that I give below. Be sure to include responses to the questions on page 2, but you may add whatever else you wish to the essay. You may organize the questions so that your paragraphs and sentence flow easily. Write complete sentences and do not personalize the essay. Your essay must be written double-spaced, using a 12-point font and one-inch margins. Include a cover sheet with your name and course-section numbers. ASSIGNMENT: You can locate summaries of the following three cases online. You need to summarize each case (1-3) and then discuss the questions that I asked (essay format = complete sentences in paragraphs) The last part of the assignment involves the handgun laws of Texas (number 4), which have recently been changed in the 86th legislative session. You need to visit the Texas Department of Texas website and read about concealed handguns and the new open carry provisions. 1. United States v Miller Case (Supreme Court case 696; argued March 30, 1939; decided May 15, 1939; 307 US 174) Read the attached indictment from the Fort Smith federal court and the Second Amendment to the U.S. Bill of Rights (Google search for the Bill of Rights if you do not have a copy of the US Constitution and Bill of Rights) (Supreme Court case 07-290; argued March 18, 2008; decided June 26, 2008; 554 US 570) Questions: In what federal trial court was the indictment filed and when was the indictment filed? Hint: Look at the back page (endorsement) of the indictment. How long after the crime occurred was the indictment filed? Where did the crime occur? What was the crime? Why was this a federal crime instead of a state crime? Hint: look at the front page of the indictment that has more information than the back page. Why do you think the Supreme Court agreed to hear the case? What is judicial review and do you know what Supreme Court case established the concept in 1803? General Information about the Heller and McDonald Cases Significance to state and local government-The Miller case was recently cited in two Supreme Court decisions on gun ownership, District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010. The DC case relates to gun control in a federal enclave (The District of Columbia is the home of the federal government, not a state or territory). The McDonald case relates to gun control by a city, which is a subdivision of a state government. 2. District of Columbia v. Heller (Supreme Court case 07-290; argued March 18, 2008; decided June 26, 2008; 554 US 570) Do a Google search for the case. On page 54 of the majority opinion, Justice Scalia, who was a very conservative justice, writes that the liberties given in the Second Amendment can have limitations. See his statement below: Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. Supreme Court case 07-290 majority opinion, section III, page 54. The statement can be important later when you look at the Texas requirements to own and carry handguns. Historical trivia: Justice Antonin Scalia died on February 3, 2016, after a day of quail hunting on the Cibolo Creek Ranch south of Marfa, Texas. No, he was not a victim of a homicide but died as a result of natural causes-age (less than one month from his 80thbirthday, morbid obesity, diabetes, high blood pressure, coronary artery disease, and COPD (smoking). The physical activity and higher altitude also did not help him. Question: Why did the Heller case not apply to the states (think about the District of Columbia)? 3. McDonald v. Chicago (Supreme Court case 08-1521; argued March 2, 2010; decided June 28, 2010; 561 US 742) Repeat the process for the McDonald case by searching Google for the case. Summarize the case and answer the following questions Questions: Were the laws ruled constitutional or unconstitutional? The Second Amendment was obviously part of the case. What other constitutional amendment was used in discussing whether the Second Amendment applied to the states? 4. 86th Texas Legislature and Changes to Texas Gun Laws Visit the Texas Department of Public Safetys website at https://www.dps.texas.gov/InternetForms/Forms/ltc-16-pdf to see the requirements for carrying a concealed (now open carry) handgun. The booklet is titled Texas License to Carry a Handgun Statute and Selected Laws. Questions: After learning about Texas gun laws and regulations, does it appear that the state meets the constitutional questions raised on page 54 of the Heller case on gun regulation? Were you aware of the requirements for carrying handguns in Texas? If a Texan travels to a state with which we do not have reciprocal agreement, will there be an issue with possession of a concealed weapon? Look at reciprocity agreements by state at https://www.dps.texas.gov/RSD/LTC/Legal/Reciprocity/index.htm#
