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🗓️ 3 April 2018
⏱️ 23 minutes
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0:00.0 | From the New York Times, I'm Michael Marbara. This is the day. |
0:09.5 | Today, the second amendment is just 27 words long. |
0:14.5 | But those 27 words are among the most cryptic and controversial in the US Constitution. |
0:22.5 | Why the Supreme Court is reluctant to better define them. |
0:27.5 | It's Tuesday, April 3rd. |
0:39.5 | Adam, can you set the scene of this 1939 Supreme Court case? What's going on at the time? |
0:44.5 | So it involves a guy named Jack Miller, who was a small town thug in the heyday of Midwestern |
0:52.5 | Bank robbery in the Al Capone era in the Great Depression, who was a member of a gang that robbed a lot of banks. |
0:59.5 | He turns government informant. He goes kind of straight for a little while. |
1:04.5 | But he's caught between Oklahoma and Arkansas with a sawdoth shotgun. |
1:09.5 | And he's prosecuted by federal authorities for violating a then-recent gun control law called the National Firearms Act. |
1:16.5 | Adam Lipteck covers the Supreme Court for the Times. |
1:20.5 | So Miller, charged with this crime, says, wait a second. Isn't there a second amendment? |
1:25.5 | Don't I have a constitutional right to keep and bear this gun? |
1:29.5 | And he challenges the prosecution on second amendment grounds. |
1:33.5 | And this case makes it up to the Supreme Court, which in 1939 for the first time ever |
1:38.5 | tells us something about what the second amendment means. |
1:42.5 | And what question is the court trying to answer in this case, Adam? |
1:47.5 | The basic question for the court is how to make sense of the second amendment, which has two competing ideas in it. |
1:53.5 | Let me read it to you and you'll see what I'm talking about. It's got two clauses. |
1:57.5 | The second amendment says a well regulated militia being necessary to the security of a free state. |
2:03.5 | So that announces something about what the amendment wants to accomplish. |
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