Have you ever loved a movie and couldn’t wait to talk to a friend about it, only to hear that they hated it? Maybe you've talked a friend into reading a book that you couldn’t put down, only to hear that it bored them to tears. People see the world through their experiences, and two people can read the same thing and come away with entirely different meanings. The 2nd Amendment of the U.S. Constitution is a perfect example of how one small passage can spark considerable differences in interpretation. It would be nice to be able to step back in time to interview the framers, and say, “Hey, could you clarify this?” In America, we rely on the Courts to interpret the Constitution, and their ruling in McDonald v. City of Chicago had a significant impact on gun rights in this country.
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Jetzt kostenlos anmeldenHave you ever loved a movie and couldn’t wait to talk to a friend about it, only to hear that they hated it? Maybe you've talked a friend into reading a book that you couldn’t put down, only to hear that it bored them to tears. People see the world through their experiences, and two people can read the same thing and come away with entirely different meanings. The 2nd Amendment of the U.S. Constitution is a perfect example of how one small passage can spark considerable differences in interpretation. It would be nice to be able to step back in time to interview the framers, and say, “Hey, could you clarify this?” In America, we rely on the Courts to interpret the Constitution, and their ruling in McDonald v. City of Chicago had a significant impact on gun rights in this country.
McDonald v. City of Chicago is a landmark Supreme Court case that applied the 2nd Amendment’s right to bear arms to state and local government.
Incorporation Doctrine
When the Bill of Rights was first added to the Constitution, they only protected individual liberties from the federal government, not state or local governments. The 14th Amendment was one of three Reconstruction Amendments, along with the 13th and 15th, that significantly impacted the freedoms of many Americans. The 14th Amendment promises that no state shall deprive any person of life, liberty, or property without the due process of law. After the Civil War, the Supreme Court began to decide that portions of the Bill of Rights did apply to state and local governments through a process known as selective incorporation. On a case by case basis, almost all the first ten amendments have been applied to the states.
Incorporation Doctrine: a legal concept under which the Supreme Court has applied the Bill of Rights to the states through the 14th Amendment
Gitlow v. New York was the first instance of selective incorporation. In 1925, the Supreme Court ruled that the portions of the First Amendment are fundamental personal liberties and are protected by the due process clause of the 14th Amendment; therefore, states may not abridge those rights.
McDonald v. Chicago was argued on March 2, 2010, and decided on June 28, 2010. Before 2010, the Supreme Court had never decided whether the 2nd Amendment was a fundamental right in which states could not infringe.
The question that the Court had to resolve was: Does the 2nd Amendment right to keep and bear arms apply to state and local governments through the 14th Amendment’s due process clause?
In the 2008 case, District of Columbia v. Heller, the Supreme Court concluded that the 2nd Amendment right to keep and bear arms included an individual citizen’s personal right to gun ownership for lawful purposes and is not connected to service in a militia. Washington, D.C. is unique in that it is the home of the federal government, and so the question remained whether states and local governments could ban individuals from owning firearms.
In 1982, in an effort to combat crime, Chicago passed a law requiring its citizens to register any handgun they purchased. The registration process was complex, lengthy, and confusing. Owning a firearm that wasn’t registered was a crime. Many citizens complained that due to the difficult nature of the registration, the requirement was essentially a ban on gun ownership.
Otis McDonald, a resident of Chicago, sued the city. He claimed that the 14th Amendment’s Due Process clause makes the 2nd Amendment apply to the state and local governments. McDonald lost in federal district court and in the Seventh Circuit of Appeals. McDonald asked the Supreme Court, the court of last resort, to hear his case. They agreed.
The Constitutional provisions central to the case of McDonald v. Chicago are the 2nd and 14th Amendments.
2nd Amendment:
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"
14th Amendment:
……nor shall any State deprive any person of life, liberty, or property, without due process of law."
In a 5-4 decision, the Court ruled in favor of McDonald, agreeing that the 2nd Amendment’s right to keep and bear arms is fully applicable to the states through the 14th Amendment’s due process clause. Justice Samuel Alito wrote the Majority Opinion and announced the decision of the Court. He was joined in the majority by Chief Justice Roberts, and Justices Scalia and Kennedy. Justice Thomas joined in part.
They based their decision on history and tradition and said that the right to self-defense is a basic right and that Heller had set the precedent that individual self-defense is included in the 2nd Amendment.
Justices Stevens, Breyer, Sotomayor, and Ginsburg dissented. They argued that the authors of the Constitution had never intended private gun ownership to be a fundamental right, and that the 2nd Amendment was not meant to be interpreted as the private right of self-defense with a firearm. They did not agree the 2nd Amendment was worth incorporating.
As a result of the McDonald decision, Chicago’s handgun ban was struck down and the 2nd Amendment was incorporated to the states. Heller had impacted the District of Columbia, and McDonald extended that ruling to state and local governments. The impact of McDonald is that all state and local gun laws must be in compliance with the 2nd Amendment to be in adherence to the Constitution. Courts are still determining which gun restrictions are constitutional and which aren't.
The Constitutional provisions central to McDonald v. Chicago are the 2nd and 14th Amendments.
Incorporation Doctrine: a legal concept under which the Supreme Court has applied the Bill of Rights to the states through the 14th Amendment
McDonald v. Chicago is about whether a handgun ban in Chicago violated the 2nd Amendment rights of an individual to keep and bear arms. It is a selective incorporation case which applied the 2nd Amendment to the states through the 14th Amendment’s due process clause.
The issue in McDonald v. Chicago was whether state and local governments could ban gun ownership.
In a 5-4 decision the Supreme Court ruled in favor of McDonald.
McDonald v. City of Chicago is a landmark Supreme Court case that applied the 2nd Amendment’s right to keep and to bear arms to state and local government.
Who won McDonald v. Chicago?
In a 5-4 decision, the Court decided for McDonald.
What constitutional provisions are central to McDonald v. Chicago?
2nd and 14th Amendments
Chicago’s process of handgun registration was so complex that critics said it amounted to a:
Handgun ban
What is the legal doctrine known as that refers to applying the Bill of Rights to the States through the 14th Amendment?
Incorporation Doctrine
Why Is McDonald v. Chicago important?
McDonald v. City of Chicago is a landmark Supreme Court case that applied the 2nd Amendment’s right to keep and to bear arms to state and local government.
In what case did the Supreme Court conclude that the 2nd Amendment right to keep and bear arms included an individual citizen’s personal right to gun ownership for lawful purposes and is not connected to service in a militia?
District of Columbia v. Heller
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