This is the Cato Daily Podcast for Tuesday, March 2nd, 2010.

I'm Caleb Brown.

How will the Supreme Court incorporate the Second Amendment?

And why does it matter just how they do it?

A high court today will hear the McDonald case.

Tim Sandifer is a principal attorney at the Pacific Legal Foundation and an adjunct scholar at the Cato Institute.

What is the question in the McDonald case?

Well the question is two parts.

First is whether the Second Amendment right to keep and bear arms is one of the rights that

states are required to respect under the

Constitution and then the second one is how are they required to respect it.

So the court is going to be addressing whether the states are required to respect an

individual's right to possess firearms under the Due Process Clause or

under the Privileges or Immunities Clause of the 14th Amendment.

Why is this a good spot to attempt to revive privileges or immunities?

Well, I think it's a case where just last year the Supreme Court ruled that the Second Amendment

guarantees an individual's right and

and this is a case where the question is very clearly set.

I there could very be any number of cases that bring this question forward.

Any case it involves a state

violating individuals' rights could conceivably bring this question up. But this case, I think, presents

the question very clearly and it's been very, very effectively briefed by the parties.

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