Andrew Sullivan calls attention to appellate court cases where the extent of the Second Amendment is not only expanded, but limits the ability of state and local governments to restrict the ability to carry guns outside the home.
- Click here for the story.
This story applies to a good handful of topics we cover in class. Civil liberties, how the judiciary interprets civil liberties - most recently the 2nd Amendment, checks and balances and federalism among them. Something for 2306 students to consider is how this affect that idea that states can serve as "laboratories of democracy." This seems to limit that possibility. The recognition of rights by the U.S. Supreme Court limits the ability of states to fine tune policies and act as laboratories of democracy. This is because once something is considered to be a "right" it cannot be limited by electorate.
Sullivan links to Lyle Denniston's ScotusBlog report, which I highly recommend reading since it details the process these cases have taken through the courts and the issues they raise, Like the NRS v MGraw case referred to below, the courts are being asked to consider whether the second amendment right - broadly interpreted - to have guns in the home for self defense purposes applies outside the home as well.
The states have been moving in the direction of more lenient gun laws - the Supreme Court may end up making that mandatory. A similar dynamic is underway with gay marriage and possibly marijuana laws. Maybe the death with dignity movement might follow this trajectory one day as well.
Here's a look at the expansion of gun rights in the states, and the growth of "Shall Issue Laws."
Click here for an explanation of shall issue, may issue, no issue and unrestricted states.
