Three Vital Issues: Incorporation of the Second Amendment, Federal Government Power, and Separation of Powers-October 2009 Term
26 Pages Posted: 19 Oct 2020
Date Written: 2011
PROFESSOR DORF: In McDonald v. City of Chicago,' the Supreme Court held that the Constitution restricts the ability of state and local governments to ban the possession of handguns. The ruling follows the Court's controversial decision, District of Columbia v. Heller, in which the Court held that the Second Amendment "right of the people to keep and bear [a]rms" protects the right to private possession of a handgun for the defense of one's self and one's family in the home. On its face, however, Heller only limited the federal government. Three cases from the Nineteenth Century held that the Second Amendment is not applicable to state and local governments. The issue in McDonald was whether those cases remained good law.
Keywords: Supreme Court, Constitution, handguns, Court, Second Amendment, defense, State government, Local government, good law
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