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Mcdonald V. Chicago Case Study

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Why 2nd Amendment Is So Popular Background Information The second amendment is probably the most controversial amendment in the Bill of Rights. The second amendment is stated in the Bill of Rights as, “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"(“Second Amendment”) This could mean that you have the right to possess a small gun for self-defence purposes only, but the real meaning is a very controversial argument. Focusing on this amendment is important because it is a very disputed amendment still debated today. There have been many cases where the Supreme Court has had to make a decision, and most of the time it is an almost split decision. …show more content…

Chicago case was the defining moment for supporters of the second amendment. The case started when Otis McDonald tried to buy a handgun to protect his family from local hoodlums. The City of Chicago had a handgun ban, preventing McDonald from purchasing the gun. McDonald challenged the ban, and took the feud to court. The City of Chicago ruled that they should be able to instate their own laws about gun ownership (“Otis McDonald...Second Amendment”), but McDonald took the case to the Supreme Court . After a long trial, the Supreme Court ruled in split 5-4 in favor of McDonald. They stated that since Otis McDonald was an American Citizen, it gave him the right to possess a handgun, with the City unable to interfere with his 2nd amendment rights ( * ). The victory also vanquished Chicago’s handgun ban, which was a huge victory for fighters of 2nd Amendment rights. The repealing of the ban in Chicago led other Major Cities to take away the ban. After winning gun freedom for many Americans, Otis McDonald became the face of freedom of their time(Otis McDonald...2nd Amendment). If a man who had no major influence on society can change what the second amendment means, then imagine how easy it would be to further fight for the rights of American Citizens. But these situations don’t always happen in America. They can appear in countries around the

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Skokie Skokie v.s. Illinois was a court case in the 1970’s. Frank Collin and his men wanted to march in the town of Skokie. The town consist of Holocaust survivors and people of the jewish decent. In the lower courts they favored the town due to the fact they said that they would attack the nazis.

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The court summarily dismissed – with a paragraph of case citations – "the objection that the Act usurps police power reserved to the States". According to The U.S. v Miller Case, Revisited the cases cited showed that Congress could impose taxes as it saw fit, if such taxes were meant to raise meaningful amounts of revenue, even if the States had the powers to regulate possession of or commerce in the items in question. Justice McReynolds then dealt with the remaining matter, the scope of the Second Amendment. In a single paragraph the Court narrowly defined the issue. The question turned on the nature of the short-barreled shotgun: "In the absence of any evidence tending to show that possession or use of a ’shotgun

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Through court cases like District of Columbia v. Heller, the Second Amendment was clarified to extend the right to possess firearms for “traditionally lawful purposes” from simply militia related services. McDonald v. Chicago further expanded the application of the Second Amendment by holding that it was applicable to states through the Fourteenth Amendment. Furthermore, these two cases were tied together as the Supreme Court held in District of Columbia v. Heller that the right to self-defense was a “fundamental” and “deeply rooted” right which in turn allowed the Supreme Court to rule that based on the 14th Amendment and the precedent established in the Heller case that the 2nd Amendment’s guarantee of the right to bear arms was applicable to states for the purpose of self-defense. There are three

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Incorporation Doctrine and McDonald v. Chicago The McDonald v. Chicago case was a crucial decision by the Supreme Court regarding the 2nd Amendment and state law. This case is interesting for a couple of reasons in my opinion. Firstly, the case revolves around legislation of the 2nd Amendment which is a right held dear to myself and many other Americans. Secondly, the case gives an example of the incorporation doctrine being fully applied.

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Hamilton’s case, we notice that if the court deems the “good cause” law a presumptively constitutional statute she will have no Second Amendment protection afforded to her. Furthermore, if this case is followed as precedent the court may deem that the “good cause” requirement may pass the appropriate level of scrutiny. The court may search for a clear and substantial government interest that justifies the good cause requirement as the court did in Drake. In addition, the court may rule that the Second Amendment does not apply to concealed carry outside of the home, thereby dissolving any argument that Ms. Hamilton could produce.

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The gun laws and restrictions help and saw many of lives. Controversy started when the 2nd amendment was started in December 15, 1791. The controversy was from some of the military and police. The government thought that it stated that people had the right to defend themselves but only against the police or military. One of

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The Second Amendment to the United States Constitution protects the right of the individual to keep and bear firearms. When the Second Amendment was written it was for the right to arm oneself as a personal liberty to deter undemocratic or oppressive governing bodies from forming and to repel impending invasions. Furthermore, gun advocates proclaim that guns are for the right to self-defense. Some people try to participate and uphold the law. We have seen how guns in the hands of children can cause fatal accidents and people have committed mindless crimes leading to

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The second amendment states that people have a right to bear arms under a well-regulated militia. This amendment was added to the Bill of Rights because the Americans had just finished fighting The American Revolution with the British government for independence-- Gun control by the British was one of the catalysts of this war. With the revolution fresh in mind, the Americans had registered that there was a need to unite and form a union; however, some Americans felt that a union could result in something similar to the tyranny that the British had imposed on them. They were hesitant of placing the power on a small handful of people-- The second amendment helped take some power from the government and give it to the people.

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He and Clark M. Neily, gathered six people to be the plaintiffs. Dick Heller a police officer that carried a hand gun all day but wasn’t allowed to have one in his home. He wanted this law to be removed. The Supreme Court overruled the local law and allowed for gun ownership and adjusted the rules for guns.

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The topic of gun control and firearm regulation has been subject to heated debate for a long while. Both sides have potent arguments, however the core of this issue ultimately boils down to the constitution itself. More specifically the second amendment. This argument quickly becomes quite complicated because gun control and firearm regulation concerns not only the right of citizens, but more importantly the safety of citizens. The second amendment helps to guarantee an imperative right belonging to all citizens.

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It is an ongoing debate whether or not people should be able to own a gun. People look at the laws and interpret it the way they feel it should be understood. People for gun control would say, “The second amendment is not an unlimited right to own guns.” People who are against guns control would claim, “The second amendment of the US constitution protect individual gun ownership.” In those two claims they use the second amendment to make a point.

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The right to bear arms has been a controversial issue ever since James Madison established it as the second amendment of the constitution. The second amendment states, “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” (US Const. amend. II). Those in favor of the second amendment, believe that arms are used for protection, dangerous situations, and sports.

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The Second Amendment says, “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.” Gun rights has become the subject of intense political, social, and cultural battles for much of the last century. The pro-gun right side has asserted that the right to arms was absolute, and that any gun control laws infringed that right (Kopel, 2013). This right has been supported by the Supreme Court who has reinforced what has become the American consensus that the Second Amendment allows the right to keep and bear arms, especially for self-defense, and that it is a fundamental individual

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A weapon in the wrongs hands is the maximum danger humanity can face. Nowadays, violence and delinquency in society are viewed as the maximum problem solver. Humanity is full of chaos; hate and envy seize our souls. Guns are the ultimate security for some citizens but for others, these add to a feeling of defenselessness. Throughout history, any topic related to guns means a plethora of problems.

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This situation raised public awareness on the little amount of Control on the amount of people that have firearms in the U.S because at that time handguns, rifles and shotguns were sold over the counter,mail, catalogs and magazines to any adult anywhere. Then The Gun Control Act was to keep firearms out of hands of people who weren 't legally entitled to carry one because of age or criminal background. The Gun Control Act of 1968 must be 18 years old to buy shotguns or rifles and ammunition. All other firearms for example handguns can only be sold to people 21 and older. Also controls imported guns, expands the gun licensing and record keeping requirements, limits on the sale of handguns.

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