Three Vital Issues: Incorporation of the Second Amendment, Federal Government Power, and Separation of Powers-October 2009 Term

26 Pages Posted: 19 Oct 2020

See all articles by Michael C. Dorf

Michael C. Dorf

Cornell Law School

Erwin Chemerinsky

University of California, Berkeley - School of Law

Date Written: 2011

Abstract

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

Suggested Citation

Dorf, Michael C. and Chemerinsky, Erwin, Three Vital Issues: Incorporation of the Second Amendment, Federal Government Power, and Separation of Powers-October 2009 Term (2011). Touro Law Review, Vol. 27, No. 1, 2011, Cornell Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3713117

Michael C. Dorf (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio.cfm?id=333

Erwin Chemerinsky

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

HOME PAGE: https://www.law.berkeley.edu/our-faculty/faculty-profiles/erwin-chemerinsky/

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
7
Abstract Views
62
PlumX Metrics