ipl-logo

Supreme Court Case Summary

1319 Words6 Pages

The Supreme Court decision in Chicago v. McDonald, 561 US 742 (2010) set the groundwork for States to take a deeper look at their particular gun control laws to determine if they were concurrent with the justices ruling as there would most likely be additional challenges to other states laws, but did the ruling in itself establish gun control legislation? A summary of the case and the preceding decision in the Supreme Court decision of 2008, the District of Columbia v. Heller, is necessary to make this determination. In addition, a summary of the justice’s views on both the Second and Fourteenth Amendments to the US Constitution will offer some additional insight so as to be able to form an opinion on the question. In recent years more than any, one of the most hotly and passionately debated topics of our great nation has been the 2nd Amendment. Article II of the Bill of Rights 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.” It has been discussed during lectures, speeches, on the floor of congress as well as at the local bar and the dinner table. The simple words, “gun control” evoke emotions across the full spectrum and the results will most likely never fully satisfy those on either side of …show more content…

The case eventually made its way to the Supreme Court and was argued in March of 2008 and the court ruled on the challenge in June of 2008. In its 5-4 ruling the Supreme Court majority stated that the districts laws, as written, were effectively a prohibition on gun ownership and violated the Second Amendment. The court stated that the requirement to have a permit to own the weapon was valid and as long as Heller remained qualified for the permit he must be issued one. What the court did not clarify in this case was whether or not the decision applied to states in addition to the District of

Show More
Related
1194 Words | 5 Pages

United States v. Lopez was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution. The issue of the case was that It exceeded to the power of Congress which had no say over it because the case had nothing to do with commerce or any sort of economic activity. The case United States v. Lopez involved Alfonzo Lopez Jr., Supreme Court Justice William H. Rehnquist, and Congress. Unites States v. Lopez was about a 12th grader named

Read More
604 Words | 3 Pages

Chicago (State Case) 5-4 under the opinion, Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation 's scheme of ordered liberty" or that are "deeply rooted in this Nation 's history and tradition" are appropriately applied to the states through the Fourteenth Amendment. The Court recognized in Heller that the right to self-defense was one such "fundamental" and "deeply rooted" right (McDonald v. Chicago. (n.d.)). The previous cases are what gives people the right to bear arms in the United States with the injunction of the constitution.

Read More
1007 Words | 5 Pages

The District of Columbia v. Heller (2008) considered the constitutionality of The District of Columbia law banning the possession of handguns. The Court upheld the federal appeals court decision, striking down both elements of the D.C. gun law. In addition, the Court broke down the Second Amendment into two different views. The operative clause and the prefatory clause assisted Justice Scalia in the Courts opinion and Justice Stevens in dissent. I agree with Justice Stevens’s dissented opinion for several reasons.

Read More
1014 Words | 5 Pages

As we have already established, judicial restraint is exercised when justices work to make sure public policies are not changed, keeping laws and statutes just as they have been; by interpreting the United States Constitution literally, taking every word at face value, justices remain solely in their roles as justices without assuming the role of a policy maker. In District of Columbia v Heller, the justices of the Supreme Court took the literal interpretation of the 2nd Amendment into account when deciding the case. The 2nd 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.” Justices deciding District of Columbia v Heller believed that “…the right of the people to keep and bear Arms, shall not be infringed,” trumped the segment of the Amendment that states that the right to bear arms was necessary in keeping a militia; it was made clear that “the right of the people” in the 2nd Amendment referred to citizens’ individual rights to keep firearms, not the states’ rights to keep a militia as was determined in United States v Miller. Though this interpretation of the 2nd Amendment by the Roberts Court was different than that of the justices who decided United States v Miller, the way in which the amendment was interpreted made sure that no changes were made to existing laws or policies, i.e., the Bill of Rights.

Read More
468 Words | 2 Pages

Our 2nd Amendment right, coupled with the 14th Amendment framed Otis McDonald’s legal case against the city of Chicago, resulting in a judgment supporting McDonald ‘s right to purchase a gun in a city rejecting any permitting of such

Read More
559 Words | 3 Pages

Heller case was concluded on June 26, 2008 by a 5-4 decision. The final decision was delivered by Justice Antonin Scalia. After fighting since 2002, Dick Anthony Heller had won in the Supreme Court. The decision was that "the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home.” (Justice Antonin Scalia, Oyez.org)

Read More
747 Words | 3 Pages

Updating the Amendment 2.0 The right to bear arms has been a favoured constitutional law since its establishment in 1791, but as more gun related violence and accidents occur, there has been increasing debate on whether or not guns should be banned in the US altogether, and if not, what regulations should be required for the purchase and handling of them. While guns should not be completely banned from the country, the rules and regulations of gun laws should be tightened. In the 2nd amendment, it clearly states that “the right of the people to keep and bear Arms, shall not be infringed.” While this statement still holds true, the evolution of firearms and how they have become more dangerous throughout the years is a clear sign of why the laws should be changed.

Read More
1616 Words | 7 Pages

versus Heller was a landmark case that dealt with the Second Amendment of the United States Constitution. The question asked by the court was whether or not the D.C. provisions that regulate firearms violate the Second Amendment? In a five to four decision made by the Supreme Court of the United States, it was affirmed that the Second Amendment, pertaining to federal enclaves, safeguards a person’s right to own a firearm for “traditional lawful purposes, such as self-defense within the home” (Syllabus). This marked the first case by the Supreme Court that determined Second Amendment rights for individuals to keep and bear

Read More
1526 Words | 7 Pages

The question on whether the 2nd Amendment in the U.S. should be changed or not has become a widely discussed and argued topic as of recent, due to recurring incidents of shootings occurring on U.S. soil by its own inhabitants. While many would be in support of the right to bear arms, including myself, I do believe that the current gun laws need to be made more restrictive than they are in their current state, for the sake of the country and the safety of its people. I’m well aware that I am not a U.S. citizen and that I have no say in what decisions are made there regarding the country’s constitution, but I feel that what I have to say is shared by many of America’s people and that it’s not only Americans that are affected by guns but also those who are visiting the country from abroad. There are many problems regarding America’s very unrestrictive gun laws at present, whether it’s the fact that there is no federal minimum age for possession of a long gun, or the fact that individuals don’t

Read More
1002 Words | 5 Pages

Gun control has been a controversial issue for many years. Many citizens believe that if gun control is strictly enforced it would reduce the threat of crime. People have the right to bear arms for protection, or even just the pleasure of hunting and recreational activity. With the recent events involving firearms and mass shootings, people are skeptical whether to increase or decrease gun laws. Americans have a constitutional right to own handguns and stricter laws and licensing will not effectively save lives.

Read More
1092 Words | 5 Pages

Majority of the people who oppose gun control believe that it violates the Second Amendment. The Revere Journal says that “In terms of the substance of the Second Amendment, the notion of a militia has no practical meaning today relative to what that term meant in the late 18th century. We are long past the days when farmers left the fields to become de facto soldiers, or when posses were rounded up to chase outlaws, or when settlers were on their own in a hostile environment. Some pretend that a lifestyle that no longer exists still has meaning in the America of the 21st century.” The people that agree on needing strict gun control laws will find a stronger connection to this image compared to the people who oppose

Read More
1297 Words | 6 Pages

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.

Read More
299 Words | 2 Pages

The Gun Law history takes us back to 1971 when the Second Amendment, which protects the gun laws in America was the first to guarantee’ ‘A well regulated Militia, being necessary to the security go a free state, right of the people to keep and bear arms, shall not be infringed’’. This guarantee was undisputed for decades and is still one of the constitutions in America. Several years later in 1837, the first gun control law where created when the State of Georgia in the South banned handguns however this law got removed only eight years later by the Georgia Supreme Court. 30 years after the handgun was banned in Georgia, the Civil War broke out in America between the South and North part of US. It was after the Civil War in 1861 that the southern

Read More
1108 Words | 5 Pages

One of the most controversial issues our nation faces today is gun control laws. This controversy has been created due to the different interpretations of the 2nd Amendment of the Constitution which states the right of citizens to bear arms; “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” (Cornell Law School). Anti-gun control laws believe that the amendment guarantees the right to bear any kind of firearms. On the other hand, we have does that believe that more controls laws should be implemented since the 2nd amendment was for the right of States to have an armed militia during wartime. Both sides have strong point, however, the safety of our children comes first, and a firearm means death in the wrong hands.

Read More
1386 Words | 6 Pages

The use of and the owning of guns is a very hot and debated topic in society today. For many, this is a life and death debate due to the recent and numerous school shootings. These school shootings have caused an outcry for more gun control, specifically in relation to the Marjory Stoneman Douglas High School shooting. Despite these calls, increased gun control is not the answer. Most gun owners’ use their guns responsibly and for good purposes.

Read More

More about Supreme Court Case Summary

Open Document