McDonald v. City of Chicago

561 U.S. 742

Summary

Argued March 2, 2010 and decided June 28, 2010. In a previous case Columbia v. Heller it had challenged gun bans. In that case, the Supreme Court held that a District of Columbia handgun ban violated the Second Amendment. The Court reasoned that the law in question was enacted under the authority of the federal government and, thus, the Second Amendment was applicable. Petitioners argued that the Second Amendment should also apply to the states. The district court dismissed the suits. The U.S. Court of Appeals for the Seventh Circuit affirmed.

Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states?

Significance

The Second Amendment applies to the states. The Fourteenth Amendment’s Privileges and Immunities or Due Process clauses are applicable to the states. The Fourteenth Amendment’s Privileges and Immunities and Due Process clauses can affect other previous amendments made in the past not just the Second Amendments. The Fourteenth Amendment’s Privileges and Immunities and Due Process clauses can affect other amendments that will be made in the future not just the Second Amendments. Other Amendments can be made that will shape other possible Amendments.

Precedent

The Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. The Fourteenth Amendment’s Privileges and Immunities or Due Process clauses are applicable to the states. Later Amendments can shape and mold other previous amendments established in the past.

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McDonald v. Chicago: Guns, but no original intent