Second Amendment Rights and States

This video originally aired on Monday, March 1, 2010.

About This Video

In 2008, the U.S. Supreme Court, in District of Columbia v. Heller, struck down Washington, D.C.'s ban on handguns and found that the Second Amendment protects an individual right to keep and bear arms. On March 2, 2010, in McDonald v. City of Chicago, the Court will hear oral arguments on whether that right applies to states and localities. The Court is expected to hold that it does: a key purpose of the Fourteenth Amendment, ratified at the height of Reconstruction in 1868, was to allow newly freed slaves and white Unionists to defend themselves against Southern reprisals by protecting their right to keep and bear arms. But if the Court reaches that result via the Due Process Clause or the Privileges or Immunities Clause, which was specifically enacted to protect various individual rights, including particularly the right to armed self-defense, would help determine the future of gun rights in America and also constitutional law generally, because it could lead to the reinvigoration of a variety of important liberties that courts have long neglected. Speakers: Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute Doug Kendall, Founder and President of the Constitutional Accountability Center Timothy Sandefur, Principal Attorney, Pacific Legal Foundation Moderated by Roger Pilon, Vice President for Legal Affairs, Cato Institute

Keywords

Courts & Judicial Process, Constitution, Second Amendment, Supreme Court Cases

Related Subjects/Topics

  • U.S. Constitution

Speakers

  • Doug Kendall (Founder and President of the Constitutional Accountability Center)
  • Roger Pilon (VP of Cato Institute's Legal Affairs)
    VP of Cato Institute's Legal Affairs
  • Timothy Sandefur (Staff Attorney for Pacific Legal Foundation)
    Staff Attorney for Pacific Legal Foundation