McDonald vs chicago
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The case of McDonald v. Chicago challenged Chicago's ban on handgun ownership. Otis McDonald, a resident of Chicago, believed the ban violated his Second Amendment right to self-defense. The Supreme Court ultimately ruled 5-4 that the Second Amendment right to keep and bear arms is incorporated through the Fourteenth Amendment due process clause, and therefore applies to states and local governments. This overturned Chicago's handgun ban by finding it unconstitutional. The majority opinion affirmed an individual's right of self-defense extends to firearm ownership, though regulations are allowed. Dissenting justices argued the Fourteenth Amendment does not protect this right. The ruling strengthened gun rights and impacted regulations nationwide.
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Running head AMERICA-UNDER THE GUN 1 .docx
Running head: AMERICA-UNDER THE GUN
1
America -Under The Gun
Leslie White
Jersey College of Nursing
Running head: AMERICA-UNDER THE GUN
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Abstract
In the recent past, the debate concerning the justification of the U.S. gun control laws have
sparked heated debates among the citizens and criminal justice experts. On one hand, a section of
people argue that the government is justified to control gun ownership in order to bring down the
number of cases involving violent crimes. Other experts, on the other hand, argue that the laws
are not justifiable since they infringe some of the citizen’s rights guaranteed by the Bill of
Rights. Given the weight that this topic carries, this paper attempts to convince the reader that the
government‘s move to regulate gun ownership is ill-formed and unjustifiable. To achieve the
stated purpose, the paper analyses the views presented by experts in the field of criminal justice
opposing such regulations.
Running head: AMERICA-UNDER THE GUN
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America -Under The Gun
One of the arguments presented by the opponents of the gun control legislation is that
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that America is a democratic state, the citizens should have enough power to resist dictatorship.
(ProCon.Org, 2018). In addition to empowering the citizens to counter dictatorship, gun
ownership is a right for every U.S. citizens and cannot be violated by the government or any
authority. The second amendment explicitly guarantees the citizens of their rights to own guns
by barring the government and its agencies from denying the citizens their rights to possess a
gun. The stated 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
(ProCon.Org, 2018).’ Given that the amendment is enshrined in the constitution, the government
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the forefathers sought to reject (Simpson, 2007). By enacting laws than contravene any of the
amendments, the government would be reversing the benefits accruing from the democratic
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McDonald vs chicago
- 1. McDonald Vs Chicago By Marie McCammon and Holly Ochoa
- 2. Description of original case Otis McDonald, 76, an Army vet who lives in a high crime area of Chicago, thinks the Constitution gives him the right to bear arms to protect himself and his wife as he protected his country. Many other citizens in Chicago agreed with him. Chicago’s law made it difficult: “Chicago’s law does not expressly prohibit handgun ownership, but Justice Alito argued that it effectively does so. The law requires all owners of firearms to apply for a permit. Most handguns are excluded from the list of approvable firearms, therefore making it nearly impossible for any resident to own a handgun” (Pg. 8)http://www.examiner.com/political-buzz-in-national/a-full-summary-and-analysis-of-the-mcdonald-v-chicago-supreme-court-case#ixzz1EBT6jjav When Chicago refused to allow handguns, the residents decided to move the case to the Supreme Court because they declared this unconstitutional.
- 3. Years Of original case December 18, 2008 Of Supreme Court case Argued March 2, 2010 Decided June 28, 2010 Otis McDonald
- 4. Final Vote Count 5:4 vote count for the plaintiffs Majority opinion Justice Alito, Chief Justice Roberts, Justice Kennedy, Justice Scalia, and Justice Thomas Dissenting opinion Justices Stevens and Breyer Justices Ginsburg and Sotomayor disagreed with the majority but not did write dissents
- 5. Reasons for majority & dissents Majority Justice Alito said that self defense is a natural right and guaranteed in the 2nd Amendment. They believed owning guns was a form of self-defense that should be protected, but there should also be regulations. Dissenting Justices Stevens and Breyer argued that the right to own a gun is not protected in the 14thAmendment. They mention that the right to self-defense does not necessarily guarantee the right for a firearm. They don’t think people should be able to freely chose any means they want for self-defense.
- 6. Constitutional Challenge 2nd Amendment The majority opinion agreed that this amendment guaranteed the right to bear arms. Therefore, a complete ban on handguns would be unconstitutional.
- 7. Significance The preceding case was District of Columbia Vs Heller Overturned a handgun ban in D.C. Decided that citizens did not have a substantive right to bear arms This led to McDonald Vs Chicago This case argued for America’s citizens natural rights as well as constitutional rights. It also made the government think about regulations and restrictions for the right to bear arms.
- 8. Time Period This case happened recently, in the last few years (2008-2010). Crime is rampant in America, more powerful and dangerous weapons are being built, and many are afraid of violence. America is trying to improve the safety of it’s citizens, especially after 9/11 and the rise in murder while also staying true to the Constitution.
- 9. This case and our lives This case helps us feel like our constitutional rights are secure. The ruling could have an affect on our lives because: Us or someone we know may want to get a gun license If there is a gun-related accident, we have the right to argue against the current gun-control regulations. This case matters to me personally because: I believe we have certain rights as Americans, but agree that limits must be set.
- 10. Sources http://www.examiner.com/political-buzz-in-national/a-full-summary-and-analysis-of-the-mcdonald-v-chicago-supreme-court-case#ixzz1EBT6jjav http://en.wikipedia.org/wiki/McDonald_v._Chicago http://reason.com/archives/2010/07/01/aftermath-mcdonald-v-chicago http://www.examiner.com/political-buzz-in-national/a-full-summary-and-analysis-of-the-mcdonald-v-chicago-supreme-court-case http://bulletin.accurateshooter.com/tag/supreme-court/