Daily News Article - December 13, 2012
1. a) What is the role of the U.S. Court of Appeals?
b) How has the 7th U.S. Circuit Court of Appeals ruled on the challenge to the Illinois law banning citizens from carrying concealed weapons?
2. What has the Court subsequently ordered state lawmakers to do regarding the Court's decision?
3. a) There are gun rights advocates, and gun control advocates. What is an advocate?
b) What argument have gun rights advocates used to promote the right of citizens to carry concealed weapons?
4. How did Judge Posner explain the majority opinion of the court?
5. a) Define stayed as used in paragraph 6.
b) Why did the court order its ruling stayed for 3 months?
6. Consider the following: At issue is the 2nd Amendment to the U.S. Constitution, which states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Gun control advocates (who are generally liberal) say that the Amendment only protects the right to keep and bear arms in connection with organized state militia units. Gun rights advocates (who are generally conservative) say that the Amendment protects individuals' rights to firearm ownership, possession, and transportation.
The U.S. Supreme Court ruled in its 2008 decision in District of Columbia v. Heller that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home. Moreover, this right applies not just to the federal government, but to states and municipalities as well.
Until the ruling, Illinois was the only state where it had remained entirely illegal for a citizen to carry a gun. Gun control advocates are urging Illinois Attorney General Lisa Madigan to appeal Tuesday's ruling by the 7th U.S. Circuit Court of Appeals.
Do you think the Illinois Attorney General should appeal to the U.S. Supreme Court, or do you believe the 7th Court of Appeals ruled correctly? Explain your answer.