Civil and Human Rights

Second Amendment Rights and States

Details

Tuesday, March 2, 2010
5:15 pm
Cato Institute

Participants talked about gun control laws and a Supreme Court case scheduled to be argued the following day.

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 re-invigoration of a variety of important liberties that courts have long neglected.

More from Civil and Human Rights

Civil and Human Rights
U.S. Court of Appeals for the Fourth Circuit

Womble v. Patel

In Womble v. Patel, the U.S. Court of Appeals for the Fourth Circuit is considering whether a North Carolina prison’s failure to provide a prisoner with a hearing-aid battery violated the Americans with Disabilities Act.
Civil and Human Rights
U.S. Supreme Court

St. Mary Catholic Parish v. Roy

In St. Mary Catholic Parish v. Roy, the Supreme Court is considering whether the Free Exercise Clause requires Colorado to allow religious preschool providers to join its state-funded universal preschool program even though they refuse...
Civil and Human Rights
July 18, 2026

Arnie Arnesen Attitude July 16 2026

Attitude with Arnie Arnesen
CAC’s David H. Gans joined The Attitude with Arnie Arnesen to discuss the Reconstruction Amendments. Listen...
Civil and Human Rights
U.S. District Court for the Southern District of New York

Wridt v. City of New York

In Wridt v. City of New York, the United States District Court for the Southern District of New York is considering whether the NYPD’s mass surveillance system is unconstitutional.
Civil and Human Rights
July 8, 2026

Ruling Away From America’s Second Founding

Slate
CAC’s David H. Gans wrote about the Roberts Court for Slate magazine. Read more in Slate.
By: David H. Gans
Civil and Human Rights
July 1, 2026

Furthering Inclusive Constitutionalism

Jotwell
Professor Allison Brownell Tirres reviewed recent scholarship on the Black Conventions of Reconstruction by CAC’s David H....