June 27, 2008 JUSTICES, RULING 5-4, ENDORSE PERSONAL RIGHT TO OWN GUN
|
|
- Alicia Manning
- 5 years ago
- Views:
Transcription
1 June 27, 2008 JUSTICES, RULING 5-4, ENDORSE PERSONAL RIGHT TO OWN GUN By LINDA GREENHOUSE The Supreme Court on Thursday embraced the long-disputed view that the Second Amendment protects an individual right to own a gun for personal use, ruling 5 to 4 that there is a constitutional right to keep a loaded handgun at home for self-defense. The landmark ruling overturned the District of Columbia ban on handguns, the strictest gun-control law in the country, and appeared certain to usher in a new round of litigation over gun rights throughout the country. The court rejected the view that the Second Amendment's ''right of the people to keep and bear arms'' applied to gun ownership only in connection with service in the ''well regulated militia'' to which the amendment refers. Justice Antonin Scalia's majority opinion, his most important in his 22 years on the court, said that the justices were ''aware of the problem of handgun violence in this country'' and ''take seriously'' the arguments in favor of prohibiting handgun ownership. ''But the enshrinement of constitutional rights necessarily takes certain policy choices off the table,'' he said, adding, ''It is not the role of this court to pronounce the Second Amendment extinct.'' Justice Scalia's opinion was signed by Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. In a dissenting opinion, Justice John Paul Stevens took vigorous issue with Justice Scalia's assertion that it was the Second Amendment that had enshrined the individual right to own a gun. Rather, it was ''today's law-changing decision'' that bestowed the right and created ''a dramatic upheaval in the law,'' Justice Stevens said in a dissent joined by Justices David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer. Justice Breyer, also speaking for the others, filed a separate dissent. Justice Scalia and Justice Stevens went head to head in debating how the 27 words in the Second Amendment should be interpreted. The majority opinion and two dissents ran 154 pages. Justice Stevens said the majority opinion was based on ''a strained and unpersuasive reading'' of the text and history of the Second Amendment, which provides: ''A well regulated militia, being
2 necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.'' According to Justice Scalia, the ''militia'' reference in the first part of the amendment simply ''announces the purpose for which the right was codified: to prevent elimination of the militia.'' The Constitution's framers were afraid that the new federal government would disarm the populace, as the British had tried to do, Justice Scalia said. But he added that this ''prefatory statement of purpose'' should not be interpreted to limit the meaning of what is called the operative clause -- ''the right of the people to keep and bear arms, shall not be infringed.'' Instead, Justice Scalia said, the operative clause ''codified a pre-existing right'' of individual gun ownership for private use. Contesting that analysis, Justice Stevens said the Second Amendment's structure was notable for its ''omission of any statement of purpose related to the right to use firearms for hunting or personal selfdefense,'' in contrast to the contemporaneous ''Declarations of Rights'' in Pennsylvania and Vermont that did explicitly protect those uses. It has been nearly 70 years since the court last examined the meaning of the Second Amendment. In addition to their linguistic debate, Justices Scalia and Stevens also sparred over what the court intended in that decision, United States v. Miller. In the opaque, unanimous five-page opinion in 1939, the court upheld a federal prosecution for transporting a sawed-off shotgun. A Federal District Court had ruled that the provision of the National Firearms Act the defendants were accused of violating was barred by the Second Amendment, but the Supreme Court disagreed and reinstated the indictment. For decades, an overwhelming majority of courts and commentators regarded the Miller decision as having rejected the individual-right interpretation of the Second Amendment. That understanding of the ''virtually unreasoned case'' was mistaken, Justice Scalia said Thursday. He said the Miller decision meant ''only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.'' Justice Stevens said the majority's understanding of the Miller decision was not only ''simply wrong,'' but also reflected a lack of ''respect for the well-settled views of all of our predecessors on the court, and for the rule of law itself.''
3 Despite the decision's enormous symbolic significance, it was far from clear that it actually posed much of a threat to the most common gun regulations. Justice Scalia's opinion applied explicitly just to ''the right of law-abiding, responsible citizens to use arms in defense of hearth and home,'' and it had a number of significant qualifications. ''Nothing in our opinion,'' he said, ''should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.'' The opinion also said prohibitions on carrying concealed weapons would be upheld and suggested somewhat less explicitly that the right to personal possession did not apply to ''dangerous and unusual weapons'' that are not typically used for self-defense or recreation. The Bush administration had been concerned about the implications of the case for the federal ban on possessing machine guns. President Bush welcomed the decision. ''As a longstanding advocate of the rights of gun owners in America,'' he said in a statement, ''I applaud the Supreme Court's historic decision today confirming what has always been clear in the Constitution: the Second Amendment protects an individual right to keep and bear firearms.'' The opinion did not specify the standard by which the court would evaluate gun restrictions in future cases, a question that was the subject of much debate when the case was argued in March. Among existing gun-control laws, just Chicago comes close to the complete handgun prohibition in the District of Columbia's 32-year-old law. The district's appeal to the Supreme Court, filed last year after the federal appeals court here struck down the law, argued that the handgun ban was an important public safety measure in a congested, crime-ridden urban area. On the campaign trail on Thursday, both major-party presidential candidates expressed support for the decision -- more full-throated support from Senator John McCain, the presumptive Republican nominee, and a more guarded statement of support from Senator Barack Obama, his presumptive Democratic opponent. Mr. McCain called the decision ''a landmark victory for Second Amendment freedom in the United States'' that ''ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms.''
4 Mr. Obama, who like Mr. McCain has been on record as supporting the individual-rights view, said the ruling would ''provide much-needed guidance to local jurisdictions across the country.'' He praised the decision for endorsingthe individual-rights view and for describing the right as ''not absolute and subject to reasonable regulations enacted by local communities to keep their streets safe.'' Unlike the court's ruling this month on the rights of the Guantánamo detainees, this decision, District of Columbia v. Heller, No , appeared likely to defuse, rather than inflame, the political debate. The Democratic Party platform in 2004 included a plank endorsing the individual-rights view of the Second Amendment. The case reached the court as a result of an assumption by the Cato Institute, a libertarian organization here, that the time was right to test the prevailing interpretation of the Second Amendment. Robert A. Levy, a lawyer and senior fellow of the institute, looked for law-abiding district residents rather than criminal defendants appealing convictions, to challenge the law. Mr. Levy, who financed the case, recruited six plaintiffs. Five were dismissed for lack of standing. But the United States Court of Appeals for the District of Columbia Circuit ruled in favor of one, Dick Anthony Heller. He is a security guard who carries a gun while on duty at a federal judicial building here and was denied a license to keep his gun at home. The court said Thursday that assuming Mr. Heller was not ''disqualified from the exercise of Second Amendment rights,'' the district government must issue him a license. INTERPRETING THE SECOND AMENDMENT OPERATIVE CLAUSE 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. THE SECOND AMENDMENT Justice Antonin Scalia, in writing for the majority concludes that the preface does not limit or expand the scope of the operative clause. Says each individual has the right to bear arms, and that the right is not a collective one. He notes that the First, Fourth and Ninth Amendments to the Constitution all refer to individual rights and not to collective rights ''exercised only through participation in some corporate body.'' Says ''the most natural reading of 'keep arms' in the Second Amendment is to 'have weapons.''' '''Keep arms' was simply a common way of referring to possessing arms, for militiamen and everyone else.'' Cites Timothy Cunningham's ''important 1771 legal dictionary'' for its definition of arms as ''any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.'' Adds that, just as the First Amendment protects modern forms of communications and the Fourth
5 Amendment applies to modern forms of search, the Second Amendment extends ''to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.'' Says the court itself restricts the meaning of the Second Amendment by limiting the protected class to ''law-abiding, responsible citizens,'' thus excluding felons and ''presumably irresponsible citizens as well.'' ''A number of state militia laws in effect at the time of the amendment's drafting used the term 'keep' to describe the requirement that militia members store their arms at their homes, ready to be used for service when necessary.'' Says the term ''is a familiar idiom; when used unadorned by any additional words, its meaning is 'to serve as a soldier, do military service, fight''' as defined by the Oxford English Dictionary. The Supreme Court on Thursday ruled 5 to 4 that the District of Columbia's ban on handguns is unconstitutional under the Second Amendment. A dissent by Justice John Paul Stevens concludes that the preface's mention of a well-regulated militia means that the right to bear arms is tied to service in a militia. PHOTOS: Demonstrators outside the Supreme Court on Thursday after the justices' decision on the District of Columbia handgun ban.(photograph BY JOSE LUIS MAGANA/ASSOCIATED PRESS); Brent Willard helping a shopper on Thursday at the handgun counter of the Bulls Eye pistol range in Wichita, Kan.(PHOTOGRAPH BY LARRY W. SMITH/EUROPEAN PRESSPHOTO AGENCY);Dick Heller, plaintiff in the Second Amendment suit. (PHOTOGRAPH BY JOSE LUIS MAGANA/ASSOCIATED PRESS)(pg. A12) CHART: INTERPRETING THE SECOND AMMENDMENT: The Supreme Court on Thursday ruled 5 to 4 that the District of Columbia's ban on handguns is unconstitutional under the Second Amendment. A basic breakdown of the majority and dissenting opinions.
Supreme Court: Individuals Have Right to Bear Arms by DINA TEMPLE-RASTON
Supreme Court: Individuals Have Right to Bear Arms by DINA TEMPLE-RASTON Renee Montagne and Nina Totenberg Discuss the Ruling on 'Morning Edition' Add to Playlist Download Renee Montagne and Ari Shapiro
More informationMcDonald v. City of Chicago (2010)
Street Law Case Summary Argued: March 2, 2010 Decided: June 28, 2010 Background The Second Amendment protects the right of the people to keep and bear Arms, but there has been an ongoing national debate
More informationA 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
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 Heller v. District of Columbia 128 S. Ct. 2783, 2821 (2008)
More informationA Heller Overview. By David B. Kopel
A Heller Overview By David B. Kopel This Article provides a brief summary of the Supreme Court s decision in District of Columbia v. Heller, some background about the case, and some thoughts about issues
More informationIgnoring the legal history of North Carolina in the Supreme Court s interpretation of the Second Amendment to the United States Constitution.
Duke University From the SelectedWorks of Anthony J Cuticchia February 13, 2009 Ignoring the legal history of North Carolina in the Supreme Court s interpretation of the Second Amendment to the United
More informationCitizens United v. Federal Election Commission (2010)
Citizens United v. Federal Election Commission (2010) Petitioner: Citizens United Respondent: Federal Election Commission Petitioner s Claim: That the Bipartisan Campaign Reform Act violates the First
More informationShots Fired: 2 nd Amendment, Restoration Rights, & Gun Trusts
Shots Fired: 2 nd Amendment, Restoration Rights, & Gun Trusts The Second Amendment Generally Generally - Gun Control - Two areas - My conflict - Federal Law - State Law - Political Issues - Always changing
More informationRIGHT TO BEAR ARMS LIMITED IN "SENSITIVE" PUBLIC FACILITIES District of Columbia v. Heller
1 2 RIGHT TO BEAR ARMS LIMITED IN "SENSITIVE" PUBLIC FACILITIES District of Columbia v. Heller 554 U.S. 570; 128 S. Ct. 2783; 171 L. Ed. 2d 637 (6/26/2008) 3 held "a District of Columbia prohibition on
More informationCOMMENTS DISTRICT OF COLUMBIA V. HELLER: THE INDIVIDUAL RIGHT TO BEAR ARMS
COMMENTS DISTRICT OF COLUMBIA V. HELLER: THE INDIVIDUAL RIGHT 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
More informationThe Responsible Gun Ownership Ordinance and Novel Textual Questions About the Second Amendment
Journal of Criminal Law and Criminology Volume 102 Issue 2 Article 5 Spring 2012 The Responsible Gun Ownership Ordinance and Novel Textual Questions About the Second Amendment Owen McGovern Follow this
More informationCh.9: The Judicial Branch
Ch.9: The Judicial Branch Learning Goal Students will be able to analyze the structure, function, and processes of the judicial branch as established in Article III of the Constitution; the judicial branches
More informationUnderstanding the Second Amendment
University of Denver From the SelectedWorks of Corey A Ciocchetti Winter 2014 Understanding the Second Amendment Corey A Ciocchetti, University of Denver Available at: https://works.bepress.com/corey_ciocchetti/33/
More informationAP Gov Chapter 15 Outline
Law in the United States is based primarily on the English legal system because of our colonial heritage. Once the colonies became independent from England, they did not establish a new legal system. With
More informationDistrict of Columbia v. Heller Supreme Court of the United States 554 U.S., 128 S. Ct. 2783, 171 L.Ed.2d 637 (2008) Vote: 5-4
District of Columbia v. Heller Supreme Court of the United States 554 U.S., 128 S. Ct. 2783, 171 L.Ed.2d 637 (2008) Vote: 5-4 In this landmark decision the Court holds that the Second Amendment protects
More informationWhat If the Supreme Court Were Liberal?
What If the Supreme Court Were Liberal? With a possible Merrick Garland confirmation and the prospect of another Democrat in the Oval Office, the left can t help but dream about an ideal judicial docket:
More informationThe United States Supreme Court
The United States Supreme Court The Supreme Court Justices The main job of the nation s top court is to decide whether laws are allowable under the Constitution. The Supreme Court has original jurisdiction
More informationUnit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III.
Unit 4C STUDY GUIDE The Judiciary Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. 1. What power is vested in the courts? 2. The shall extend to all
More informationThe Second Amendment, Incorporation and the Right to Self Defense
Brigham Young University Prelaw Review Volume 24 Article 18 4-1-2010 The Second Amendment, Incorporation and the Right to Self Defense Jason Bently Follow this and additional works at: https://scholarsarchive.byu.edu/byuplr
More informationGUNS. The Bill of Rights and
The Bill of Rights and GUNS Explores the origins of the Second Amendment and the right to bear arms. Also explores relevant Supreme Court decisions and engages students in the current debate over gun regulation.
More informationThe Judicial Branch. CP Political Systems
The Judicial Branch CP Political Systems Standards Content Standard 4: The student will examine the United States Constitution by comparing the legislative, executive, and judicial branches of government
More informationCHAPTER 9. The Judiciary
CHAPTER 9 The Judiciary The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court
More informationThe Peerless Second Amendment: Why Gun Control Laws Remain Unaffected After Heller and McDonald
Trinity College Trinity College Digital Repository Senior Theses and Projects Student Works Spring 2016 The Peerless Second Amendment: Why Gun Control Laws Remain Unaffected After Heller and McDonald Claire
More informationSUPREME COURT OF THE UNITED STATES
(Bench Opinion) OCTOBER TERM, 2009 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Edward Peruta, et al,, Case No
Case: 10-56971, 05/21/2015, ID: 9545868, DktEntry: 313-1, Page 1 of 3 (1 of 22) IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Edward Peruta, et al,, Case No. 10-56971 Plaintiffs-Appellants,
More informationSecond Amendment: Individual v. Collective Right
Second Amendment: Individual v. Collective Right The purpose of the Second Amendment of the United States Constitution was to ensure and protect the right of the American people to keep and bear arms.
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION RICHARD HAMBLEN ) ) v. ) No. 3:08-1034 ) JUDGE CAMPBELL UNITED STATES OF AMERICA ) MEMORANDUM I. Introduction Pending before
More informationC-SPAN SUPREME COURT SURVEY March 23, 2012
C-SPAN SUPREME COURT SURVEY March 23, 2012 ROBERT GREEN, PRINCIPAL 1110 VERMONT AVE SUITE 1200 WASHINGTON, DC 20005 202-842-0500 Methodology Penn Schoen Berland (PSB) conducted online interviews on March
More informationIII. OBAMA & THE COURTS
III. OBAMA & THE COURTS What is the most important issue in this election for many pro-family/pro-life conservatives? Consider these two numbers: Five That s the number of Supreme Court justices who will
More informationINTRO TO POLI SCI 11/30/15
INTRO TO POLI SCI 11/30/15 Objective: SWBAT describe the type of court system in the US and how the Supreme Court works. Agenda: Turn in Late Work Judicial Branch Notes When your friend asks to borrow
More informationOCTOBER 2009 LAW REVIEW POLITICAL REVERSAL ON NATIONAL PARK GUN BAN
POLITICAL REVERSAL ON NATIONAL PARK GUN BAN James C. Kozlowski, J.D., Ph.D. 2009 James C. Kozlowski According to Senator Tom Coburn (R-Ok), the "existence of different laws relating to the transportation
More informationThe Courts CHAPTER. Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger
CHAPTER 7 The Courts 1 America s Dual Court System The United States has courts on both the federal and state levels. This dual system reflects the state s need to retain judicial autonomy separate from
More informationWebMemo22. To Keep and Bear Arms. Nelson Lund
22 Published by The Heritage Foundation To Keep and Bear Arms Nelson Lund An excerpt from The Heritage Guide to the Constitution A well regulated Militia, being necessary to the security of a free State,
More informationIntroduction to US business law III. US Court System / Jurisdiction
Introduction to US business law III. US Court System / Jurisdiction FS 2018 Prof. Dr. Andreas Kellerhals Overview I. Repetition - Last week II. What left from previous session III. US Court System IV.
More informationUNITED STATE COURT OF APPEALS NINTH CIRCUIT
Case: 12-16258 09/13/2012 ID: 8322303 DktEntry: 27-1 Page: 1 of 3 (1 of 8 RICHARD L HOLCOMB (HI Bar No. 9177 Holcomb Law, A Limited Liability Law Corporation 1136 Union Mall, Suite 808 Honolulu, HI 96813
More informationU.S. Court System. The U.S. Supreme Court Building in Washington D. C. Diagram of the U.S. Court System
http://www.maxwell.syr.edu/plegal/scales/court.html Page 1 of 5 10/10/011 U.S. Court System The U.S. Supreme Court Building in Washington D. C. Diagram of the U.S. Court System U.S. Supreme Court Federal
More informationATTORNEY GENERAL JEFFERSON CITY
ATTORNEY GENERAL OF MISSOURI JOSHUA D. HAWLEY ATTORNEY GENERAL JEFFERSON CITY P.O. BOX 899 (573) 751-3321 65102 December 1, 2017 The Honorable Mitch McConnell Majority Leader U.S. Senate Washington, DC
More information1 IN THE SUPREME COURT OF THE UNITED STATES. Petitioners : 6 v. : No The above-entitled matter came on for oral
1 IN THE SUPREME COURT OF THE UNITED STATES 2 - - - - - - - - - - - - - - - - - x 3 DISTRICT OF COLUMBIA, : 4 ET AL., : Petitioners : 6 v. : No. 07-290 7 DICK ANTHONY HELLER. : 8 - - - - - - - - - - -
More informationTopic 7 The Judicial Branch. Section One The National Judiciary
Topic 7 The Judicial Branch Section One The National Judiciary Under the Articles of Confederation Under the Articles of Confederation, there was no national judiciary. All courts were State courts Under
More informationPost-Heller Second Amendment Jurisprudence
Sarah S. Herman Legislative Attorney November 21, 2017 Congressional Research Service 7-5700 www.crs.gov R44618 Summary This report examines the scope of the Second Amendment, as interpreted by the federal
More informationMcDONALD v. CITY OF CHICAGO 130 Sup. Ct (2010)
McDONALD v. CITY OF CHICAGO 130 Sup. Ct. 3020 (2010) Justice Alito announced the Judgment of the Court. Two years ago, in District of Columbia v. Heller, we held that the Second Amendment protects the
More informationInterpreting the Constitution
Interpreting the Constitution Now that we have learned about the contents of the United States Constitution, we must now look at how it is used. The Founding Fathers knew the world would change in ways
More informationIn the Supreme Court of the United States
Nos. 08-1497; 08-1521 In the Supreme Court of the United States NATIONAL RIFLE ASSOCIATION, INC., ET AL., PETITIONERS, v. CITY OF CHICAGO, ILLINOIS, ET AL., RESPONDENTS. OTIS MCDONALD, ET AL., PETITIONERS,
More informationIn the Supreme Court of the United States. District of Columbia and Mayor Adrian M. Fenty, Petitioners, Dick Heller, et al.
In the Supreme Court of the United States 6 2W7 District of Columbia and Mayor Adrian M. Fenty, Petitioners, Dick Heller, et al. ON APPLICATION FOR EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI
More informationTHE JUDICIAL BRANCH: THE FEDERAL COURTS
THE JUDICIAL BRANCH: THE FEDERAL COURTS DUAL COURT SYSTEM There are really two court systems in the United States National judiciary that extends over all 50 States Court systems found in each State (most
More informationWho Gets To Determine If You Need Self Defense?: Heller and McDonald s Application Outside the House
Who Gets To Determine If You Need Self Defense?: Heller and McDonald s Application Outside the House Elizabeth Beaman I. Introduction... 140 II. What is clear: Supreme Court Declares an Individual Right
More informationSupreme Court Survey Agenda of Key Findings
Supreme Court Survey Agenda of Key Findings August 2018 Robert Green, Principal rgreen@ps-b.com Adam Rosenblatt, Senior Strategist arosenblatt@ps-b.com PSB 1110 VERMONT AVENUE, NW SUITE 1200 WASHINGTON,
More information2007 Annenberg Public Policy Center Judicial Survey Exact Question Wording, By Category
2007 Annenberg Public Policy Center Judicial Survey Exact Question Wording, By Category Prepared by Princeton Survey Research Associates International for the Annenberg Foundation Trust at Sunnylands n
More informationSplitting the Circuits in a Post-Heller World. INTRODUCTION: In Peruta v. County of San Diego, the United States Court
DISCLAIMER: The author of this submission was offered membership to the Rutgers University Law Review. However, this submission was not necessarily among the five highest-scored submissions (authors of
More informationMonday Tuesday Wednesday Thursday Friday. Good to Know Vocabulary 26. Chapter Executive Notes 30. Presidential Survey Activity 30
Name: Period: Week: 14 16 Dates: 11/16 12/1 Unit: The Executive & Judicial Branch Chapters 13 15 Monday Tuesday Wednesday Thursday Friday 16 O Flex Day Finish Iron Jawed Angels 17 E 18 O *Executive Branch
More informationSTATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY
[Cite as State v. Shover, 2012-Ohio-3788.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO C.A. No. 25944 Appellee v. SEAN E. SHOVER Appellant APPEAL
More informationCh. 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights
Name: Date: Period: Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights Notes Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights 1 Objectives about Civil Liberties GOVT11 The student
More informationACS NATIONAL CONVENTION STUDENT PANEL ON GUN CONTROL THURSDAY, JULY 26 TH, 2007
ACS NATIONAL CONVENTION STUDENT PANEL ON GUN CONTROL THURSDAY, JULY 26 TH, 2007 THE SECOND AMENDMENT: INDIVIDUAL RIGHTS AND THE SAFETY OF OUR COMMUNITIES MEMORANDUM BY: TANYA KOENIG (UNIVERSITY OF MICHIGAN
More informationTHE JUDICIARY. In this chapter we will cover
THE JUDICIARY THE JUDICIARY In this chapter we will cover The Constitution and the National Judiciary The American Legal System The Federal Court System How Federal Court Judges are Selected The Supreme
More informationAP Government Chapter 15 Reading Guide: The Judiciary
AP Government Chapter 15 Reading Guide: The Judiciary 1. According to Federalist 78, what s Hamilton s argument for why the SCOTUS is the weakest of the branches? Do you agree? 2. So the court has the
More informationUnderstanding the U.S. Supreme Court
Understanding the U.S. Supreme Court Processing Supreme Court Cases Supreme Court Decision Making The Role of Law and Legal Principles Supreme Court Decision Making The Role of Politics Conducting Research
More informationGun Control Matthew Flynn II Mrs. Moreau Hugh C. Williams Senior High School May 2009
Gun Control Matthew Flynn II Mrs. Moreau Hugh C. Williams Senior High School May 2009 The Second Amendment of the U.S. Constitution clearly states the right of the people to keep and bear arms, shall not
More information3 BRANCHES OF GOVERNMENT
3 BRANCHES OF GOVERNMENT EXECUTIVE BRANCH President, Vice President, Cabinet QUALIFICATIONS Written Qualifications 35 years old Lived in country for 14 years Natural-born citizen Unwritten Qualifications
More information***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.:
THE FEDERAL COURTS ***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: STATE COURTS Jurisdiction over ordinances (locals laws) and state laws (laws
More informationJudicial Watch. The People s Justice Department
Judicial Watch Because No One is Above the Law! The People s Justice Department Judicial Watch, Inc. 501 School Street, S.W., Suite 500 Washington, DC 20024 www.judicialwatch.org 202-646-5172 Judicial
More informationThe Supreme Court of the United States. Donald Trump... The United States Congress...
Copyright 2018 May 16-22, 2018 1028 Interviews Fix the Court Survey 16216 Margin of Error: +/- 3.1% S1. Are you at least 18 years old and registered to vote in [STATE]? Yes... 100% No... - Don't know/refused...
More informationA Christian Worldview Appraisal of Gun Control and the Second Amendment
A Christian Worldview Appraisal of Gun Control and the Second Amendment In today s America, the Second Amendment invokes intense arguments regarding its meaning and application. Events like the Newton
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES OF AMERICA Plaintiff, v. Case No. 07-CR-0 KENNETH ROBINSON Defendant. DECISION AND ORDER Defendant Kenneth Robinson pleaded guilty
More informationChapter 13: The Judiciary
Learning Objectives «Understand the Role of the Judiciary in US Government and Significant Court Cases Chapter 13: The Judiciary «Apply the Principle of Judicial Review «Contrast the Doctrine of Judicial
More informationU.S. Supreme Court Key Findings
U.S. Supreme Court Key Findings Prepared for C-SPAN July 14, 2015 Robert Green, Principal Adam Rosenblatt, Director 1110 Vermont Avenue NW Suite 1200 Washington, DC 20005 202-842-0500 Methodology Penn
More informationStrictly Speaking: Courts Should Not Adopt Strict Scrutiny for Firearm Regulations
Brooklyn Law Review Volume 83 Issue 1 Article 22 12-12-2017 Strictly Speaking: Courts Should Not Adopt Strict Scrutiny for Firearm Regulations Andrew Kimball Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr
More informationKen Winneg: (215) , Kathleen Hall Jamieson: (215) ,
1 Embargoed for release: For more information: Friday, September 16, 9:30 am Ken Winneg: (215) 898-2641, kwinneg@asc.upenn.edu Kathleen Hall Jamieson: (215) 898-9400, kjamieson@asc.upenn.edu Visit: www.annenbergpublicpolicycenter.org
More informationA Conservative Rewriting Of The 'Right To Work'
A Conservative Rewriting Of The 'Right To Work' The problem with talking about a right to work in the United States is that the term refers to two very different political and legal concepts. The first
More informationAmerica s Federal Court System
America s Federal Court System How do we best balance the government s need to protect the security of the nation while guaranteeing the individuals personal liberties? I.) Judges vs. Legislators I.) Judges
More informationIn Defense of Hearth and [Foster] Home: Determining the Constitutionality of State Regulation of Firearm Storage in Foster Homes
Washington and Lee Law Review Volume 75 Issue 3 Article 12 Summer 11-5-2018 In Defense of Hearth and [Foster] Home: Determining the Constitutionality of State Regulation of Firearm Storage in Foster Homes
More informationPatterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz
Patterson, Chapter 14 The Federal Judicial System Applying the Law Chapter Quiz 1. Federal judges are a) nominated by the Senate and approved by both houses of Congress. b) nominated by the president and
More informationDistrict of Columbia v. Heller: The Supreme Court and the Second Amendment
Order Code RL34446 District of Columbia v. Heller: The Supreme Court and the Second Amendment April 11, 2008 T. J. Halstead Legislative Attorney American Law Division District of Columbia v. Heller: The
More informationDistrict of Columbia v. Heller: The Supreme Court and the Second Amendment
Order Code RL34446 District of Columbia v. Heller: The Supreme Court and the Second Amendment Updated September 5, 2008 T. J. Halstead Legislative Attorney American Law Division District of Columbia v.
More informationA Guide to the Bill of Rights
A Guide to the Bill of Rights First Amendment Rights James Madison combined five basic freedoms into the First Amendment. These are the freedoms of religion, speech, the press, and assembly and the right
More informationTHE FOURTH IS STRONG IN THIS ONE: A COMPARATIVE ANALYSIS OF THE FOURTH CIRCUIT S APPROACH TO JUDICIAL SCRUTINY IN SECOND AMENDMENT CASES
THE FOURTH IS STRONG IN THIS ONE: A COMPARATIVE ANALYSIS OF THE FOURTH CIRCUIT S APPROACH TO JUDICIAL SCRUTINY IN SECOND AMENDMENT CASES JOSEPH MCMANUS * INTRODUCTION... 225 PART I: THE FUNDAMENTAL RIGHT
More informationCase 3:18-cv BRM-DEA Document 26 Filed 05/21/18 Page 1 of 8 PageID: 178 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
Case 3:18-cv-01544-BRM-DEA Document 26 Filed 05/21/18 Page 1 of 8 PageID: 178 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY : THOMAS R. ROGERS and : ASSOCIATION OF NEW
More informationGun Safety in Florida: Laws, Issues and Challenges League of Women Voters of Florida
Gun Safety in : Laws, Issues and Challenges 2017 League of Women Voters of LWVF Position The LWVF supports regulations concerning the purchase, ownership, and use of handguns that balance as nearly as
More informationmust determine whether the regulated activity is within the scope of the right to keep and bear arms. 24 If so, there follows a
CONSTITUTIONAL LAW SECOND AMENDMENT SEVENTH CIRCUIT HOLDS BAN ON FIRING RANGES UNCONSTITUTIONAL. Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011). The Supreme Court held in District of Columbia v.
More informationNew Mexico Supreme Court: Wedding Photographer May Not Decline Business from Same-Sex Couple s Commitment Ceremony
S T A T E C O U R T DocketWatch Winter 2013-2014 New Mexico Supreme Court: Wedding Photographer May Not Decline Business from Same-Sex Couple s Commitment Ceremony On August 22, the New Mexico Supreme
More informationThe US must protect Habeas Corpus
OCGG Law Section Advice Program US Justice Policy The Oxford Council on Good Governance Recognizing the fundamental values of human civilization, the core obligations in international law and the US Constitution,
More informationThe U.S. Legal System
Overview Overview The U.S. Legal System 2012 IP Summer Seminar Katie Guarino kguarino@edwardswildman.com July 2012 2011 Edwards Wildman Palmer LLP & Edwards Wildman Palmer UK LLP Cameras in the Courtroom:
More informationConstitution Handbook
Why is citizen participation essential to the preservation of the U.S. political system? Reading Guide Content Vocabulary Preamble reserved powers (p. 216) popular concurrent sovereignty (p. 215) powers
More informationSupreme Court of the United States
No. 17-127 In The Supreme Court of the United States STEPHEN V. KOLBE., et al., Petitioners, v. LAWRENCE J. HOGAN, JR., GOVERNOR, et al., Respondents. On Petition for Writ of Certiorari to the United States
More informationThe Judicial Branch INTRODUCTION TO THE FEDERAL COURTS
The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS I. Types of law. A. Statutory: deals w/written statutes (laws). B. Common. 1. Based upon a system of unwritten law. 2. Unwritten laws are based upon
More informationHome > Educational Resources > For Educators > Felon Disenfranchisement Is Constitutional, And Justified
1 of 5 12/7/2012 11:15 AM Search: Go TEMPLETON LECTURE SERIES WELCOME EDUCATORS AND STUDENTS SCHOOL AND GROUP VISITS FOR EDUCATORS The Exchange TAH Grants Lincoln Teacher's Guide Supreme Court Confirmation
More informationNo IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. EDWARD PERUTA, et al, COUNTY OF SAN DIEGO, et al,
No. 10-56971 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EDWARD PERUTA, et al, v. Plaintiffs-Appellants, COUNTY OF SAN DIEGO, et al, Defendants-Appellees. On Appeal from the United States
More informationCh. 20. Due Process of Law. The Meaning of Due Process 1/23/2015. Due Process & Rights of the Accused
Ch. 20 Due Process & Rights of the Accused Due Process of Law How is the meaning of due process of law set out in the 5th and 14th amendments? What is police power and how does it relate to civil rights?
More informationWilliam L. Saunders Of Counsel Americans United for Life Washington, DC. and. President Fellowship of Catholic Scholars
Washington Insider William L. Saunders Of Counsel Americans United for Life Washington, DC and President Fellowship of Catholic Scholars www.catholicscholars.org Washington Insider The most important development
More informationSupreme Court of the United States
Youth Movements: Protest! Power! Progress? Supreme Court of the United States Morse v. Frederick (2007) Director: Eli Liebell-McLean Assistant Director: Lucas Sass CJMUNC 2018 1 2018 Highland Park Model
More informationCampaign Finance Law and the Constitutionality of the Millionaire s Amendment : An Analysis of Davis v. Federal Election Commission
Order Code RS22920 July 17, 2008 Summary Campaign Finance Law and the Constitutionality of the Millionaire s Amendment : An Analysis of Davis v. Federal Election Commission L. Paige Whitaker Legislative
More informationConstitution Handbook Reading Notes
Constitution Handbook Reading Notes How to Read the Constitution The Constitution is organized into 3 basic parts. -Articles -Sections -Clauses Section 1. Legislative powers; in whom vested Example ARTICLE
More informationTo Keep and Bear Arms: An Individual or Collective Right? Shawn Healy Resident Scholar McCormick Foundation Civics Program
To Keep and Bear Arms: An Individual or Collective Right? Shawn Healy Resident Scholar McCormick Foundation Civics Program Overview: To Keep and Bear Arms 1. Historical evolution of gun rights and interpretation
More informationMEMORANDUM. June 26, From: Akin Gump Strauss Hauer & Feld LLP and SCOTUSblog.com Re: End of Term Statistical Analysis October Term 2007
MEMORANDUM From: Akin Gump Strauss Hauer & Feld LLP and SCOTUSblog.com Re: End of Term Statistical Analysis October Term 2007 This memo presents the firm s annual summary of relevant statistics for the
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TOM G. PALMER, et al., ) Case No. 09-CV-1482-HHK ) Plaintiffs, ) PLAINTIFFS RESPONSE TO ) DEFENDANTS UNAUTHORIZED v. ) SUPPLEMENTAL BRIEF
More informationA Snowball's Chance in Heller: Why Decastro's Substantial Burden Standard is Unlikely to Survive
Boston College Law Review Volume 54 Issue 6 Electronic Supplement Article 14 4-16-2013 A Snowball's Chance in Heller: Why Decastro's Substantial Burden Standard is Unlikely to Survive Andrew Peace Boston
More informationTouro Law Review. Ronald P. Perry Touro Law Center. Volume 28 Number 3 Annual New York State Constitutional Law Issue. Article 14.
Touro Law Review Volume 28 Number 3 Annual New York State Constitutional Law Issue Article 14 July 2012 Guns and Ammo: For Convicted Americans Viewing Pictures of Others Enjoying Their Constitutional Right
More informationNO SUPREME COURT OF THE UNITED STATES
NO. 17-1234 In the SUPREME COURT OF THE UNITED STATES March 2018 Alexandra Hamilton, Petitioner, v. County of Burr and Joan Adams, Respondents. ON WRIT OF CERTIOARI TO THE UNITED STATES COURT OF APPEALS
More informationAnthony Madonna 6/28/16
Anthony Madonna 6/28/16 Act Title: The National Firearms Act of 1934 Congress: 73rd Congress (March 4, 1933 January 3, 1935) Session/Sessions: 2nd Statute No: Public Law No: 73 P.L. 474 Bill: HR 9741 Sponsor:
More informationPolicy Paper No. 004 Dec 5, 2017
Policy Paper No. 004 Dec 5, 2017 The Case for Concealed Carry Reciprocity Elizabeth Bhappu-Kudla, Esq., Fellow Meaghan Croghan, Fellow Joseph Greenlee, Esq., Fellow Max McGuire, Fellow Jimmy Sengenberger,
More informationOUR TOO-POWERFUL SUPREME COURT By Josh Patashnik
OUR TOO-POWERFUL SUPREME COURT By Josh Patashnik Front row, left to right: Associate Justice Ruth Bader Ginsburg, Associate Justice Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., Associate Justice
More information2018 Jackson Lewis P.C.
2017 Jackson Lewis P.C. 2018 THE MATERIALS CONTAINED IN THIS PRESENTATION WERE PREPARED BY THE LAW FIRM OF JACKSON LEWIS P.C. FOR THE PARTICIPANTS OWN REFERENCE IN CONNECTION WITH EDUCATION SEMINARS PRESENTED
More information