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  1. Do you believe that persons have a moral (rather than a legal) right to own guns? If so, are there any limits on the type of weaponry that you would allow people to own? Why or why not? If not, why not? In each case, justify your answer.
  2. If the Supreme Court has to interpret the Constitution to apply it, does this mean that Supreme Court judges are making law? Explain your answer. Do you think that it is a problem if they are?

Must be in APA format 250-350 words.

 

Case Study (taken from Ethics: Theory and Contemporary Issues
“On September 28, 2009, the U.S. Supreme Court agreed to decide whether state and local gun control laws violate the Second Amendment. The course said that it would review a lower course ruling that upheld a handgun ban in Chicago. 
Gun rights supporters challenged this and other laws after the high course decided in June 2008 to strike down a handgun ban in the District of Columbia. The new case tests whether last year’s ruling also applies to local and state laws. 
The 7th U.S. Circuit Court of Appeals upheld ordinance baring the ownership of handguns in most cases in Chicago and Oak Park, IL. Judge Frank Easterbrook, said that the ‘the Constitution establishes a federal republic where local differences are to be cherished as elements of liberty rather than extirpated in order to produce a single, nationally applicable rule,’ claiming that ‘Federalism is an older and more deeply rooted traditions than is the right to carry any particular kind of weapon,’ and that evaluating arguments over the extent of the Second Amendment was for the ‘justices rather than a court of appeals.’ 
Judges in both courts agreed that only the Supreme Court should decide whether to extent the 2008 ruling throughout the country.”

    • 11 years ago
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