Mr., K. Gomez, Esq., Landmark
Cases
Class project #1
The right to bear arms
“...
the right of the people to keep and bear arms, shall
not be infringed.”
–
Second
Amendment,
Introduction
You are a criminal defense lawyer who has successfully defended many high profile defendants, including organized figures, terrorist suspects and drug kingpins.
Because of the nature of your clientele you own a gun for safety reasons,
which you keep in a locked bedroom safe. However, a recent increase in fatalities due
to children playing with loaded guns in the home has led to a
You are upset! You feel that your Second Amendment “right to bear” arms is under fire. The safety of your family is in danger. Making you angrier, you feel that police officers are being given preferential treatment.
Your Task
Your goal is to review the United States Supreme Court ruling, Quilici v. Morton Grove, 695 F 2d 261 (7th Cir. 1982), concerning the right to bear arms. You will be able to identify the constitutional issues involved in gun regulation by analyzing them and putting together opposing viewpoints. Your challenge in light of this Supreme Court ruling is to persuasively defend before the Supreme Court your right to possess a gun.
The Process
Using the Tips web quest program you will analyze the Quilici v. Morton Grove case and its precedents. You will put together a 2-3 page typed and double-space appellate brief that you will present with an oral presentation before a simulated Supreme Court hearing. Your duty is to carefully address the following:
v How is your Second Amendment Right being violated?
v How does the city gun control law here violate the Second Amendment?
v Is and if so, how is your situation distinguishable from the circumstances in the Quilici case?
v If not distinguishable, are you advocating the Supreme Court Quilici ruling? If so what should be the new precedent you want the Supreme Court to establish?
You will use the following website hyperlinks from www.maxwell.syr.edu/plegal/tips.htm on the Quilici v. Morton Grove case to complete this task.
HYPERLINKS
The Facts and
Issue Question: Instructions
additional resources
To acquire additional information to build your case, you may research the following website hyperlink:
Quilici v. Morton Grove Ruling & Dissent
Performance Evaluation
You can successfully achieve an A score with an excellent project by reviewing the following grading rubric
|
Grading Criteria |
Beginning 1 |
Developing 2 |
Accomplished 3 |
Exemplary 4 |
|
Written Presentation |
Showed a
minimum understanding of assignment. Provides
summary of legal case, but does not use it in developing argument against gun
law. 10 points |
Provides
summary of case, and attempts to use it in argument against gun control. Needs to
build analysis to connect case to fact pattern by comparing and contrasting
it. 20 points |
Students
identify issues raised by both case and fact pattern. Analysis and persuasive writing is used
to develop case against gun laws. 30 points |
Excellent
work based on computer research, with strong use of analytical skills by
comparing, contrasting and distinguishing case from fact pattern. Final
product is an example of creative writing meeting assigned task. 40 points |
|
Oral Presentation |
Attempts
to argue against gun control but fails to address or clearly connect case law
to fact pattern. Presentation
is not clearly organized. 10
points |
Analytical
reasoning and persuasion are used to argue on behalf of benefits of gun
control law. Presentation
did not make much use of case law or attempt to distinguish it from facts
here. 20 points |
Issues in
fact pattern are addressed by favorable use of case law. Arguments
are persuasive but need to distinguish case law facts from those here. 30 points |
Excellent
use of research and case law, in application, comparison and contrasting. Arguments
are persuasive and creative. 40 points |
|
Computer Research |
Understood
basics of retrieving information.
Needed to integrate it more into rest of information. 5 points |
Retrieved
information and used different hyperlink sites. Used some of research to develop written
and oral components. 10 points |
Computer
research served as a basis for arguments in both written and oral component.
15 points |
Used all
assigned websites for both oral and written components. Fully
integrated research, theme and objective of presentation.
20 points |
Highest Total Score: 100
This project satisfies Social Studies Standard
5: Civics, Citizenship and Government & English language Arts Standard 3:
Students will read, write, listen and speak for critical analysis and
evaluation.
Conclusion
You have made a brave effort to convince the Court that Second Amendment supports your right as a private citizen to bear arms in the home. As a result no local government can deprive you of that right. You were able to accomplish this by comparing, contrasting and distinguishing your case here from established precedent that did not necessarily support your position.
Think about the following: In the event the Court used the Quilici case to rule against you, are there any other constitutional rights that you could claim that were violated by the gun control law enacted here? How would you use the Fourteenth Amendment Equal Protection Clause to protect your right to own a gun?