Considering what you have read about interpretation and the history of the Second Amendment, do you agree with the Court’s interpretation?  In answering this question, first identify what mode or modes of constitutional interpretation you find in this decision.  Make sure that you provide the sentence or sentences from the opinion that support your answer.  Think about these questions as you read the decision and then analyze it from all points of view:  would you have used the same mode of interpretation?  If not why not?  How would you have interpreted the constitution?  Why?

Discussion posts must be a minimum of 500 words and incorporate readings and research.

Marbury v. Madison 5 U.S. 137 (1803)

This exercise and discussion is important for your work in the course and particularly for your written assignment in Module 2 wherein you are required to write a short essay and brief the decision in Marbury v. Madison (1803), a landmark decision in the history of the US Supreme Court.

For this discussion, I’d like you to do the same thing you did for Heller in the first discussion.  What modes of interpreting the Constitution did the Court use to come to its decision?  Provide the language from the decision that supports your answer.  Would you have decided the case this way?  Why or why not? In this early case, what did the Court look to for guidance in making its decision?  

Guidelines

Discussion posts must be a minimum of 500 words and incorporate readings and research.


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