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Moreover, the Court found that the handgun ban was tantamount to a prohibition of a whole class of firearms chosen by citizens for the legal self-defense purpose. Therefore, this prohibition failed to meet standards that had previously been applied by the U.S. Supreme Court to enumerate constitutional rights (Rose, 2008).
Nonetheless, the U.S. Supreme Court did not deal with the issue of licensing requirement for handguns as stipulated in the District of Columbia Code because Heller had indicated that it would be acceptable as long as it's not implemented in an impulsive and arbitrary way. In this regard, the Court ruled that the District had to permit Heller to register his firearm and grant him a license to keep it in the home as long as he was not disqualified from exercising rights granted by the Second Amendment.
Analysis: The majority opinion in the Supreme Court's ruling was delivered by Justice Antonin Scalia who argued that interpretation of the Second Amendment is guided by the principle that U.S. Constitution was drafted and enacted in a manner to be understood by voters. Therefore, the Constitution was written in ordinary and normal terms that are different from technical meanings. On this basis, the Second Amendment is classified into two categories i.e. the prefatory clause and the operative clause. The term "militia" in the first segment of the Second Amendment is a prefatory clause that does not restrict the operative clause of this amendment. Furthermore, "militia" should not be limited to individuals serving in the military since it refers to all able-bodied men with the ability to be called into military service. Consequently, Justice Scalia stated that restricting the right to bear arms to individuals in a governed military force is to promote a state-sponsored force that the Second Amendment seeks to prevent. At the time of writing, the operative clause of this amendment meant that every individual is granted the right to bear and carry arms in case of confrontation. This essentially means that prohibiting handguns including an entire class of arms utilized for self-defense and prohibiting keeping functional guns in the home infringes the Second Amendment.
To arrive at this decision, the majority led by Justice Scalia carried out a comprehensive review of the text and historical record of the Second Amendment. Based on their…
Supreme Court In the case of Brady v. Maryland (1963) is a 14th Amendment case governing due process in the court of law. Brady was prosecuted for murder in a case where there were two accused, the other being a man named Boblit. There was a handwritten confession from Boblit stating that he was the killer. While Brady had admitted that he was there, he contended that he was not the
Supreme Court cases (Muller V. Oregon) women's right Why it was an issue of national importance The Muller v. Oregon case was among the most crucial Supreme Court cases in the U.S. during the progressive regime. The case held an Oregon law that limited the working days for female wage employees to a maximum of ten hours. In 1908, this case created a precedent to expand access of national activities into the
The decision went further to suggest that, "even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment." (Oyez Project, 2008). Had the decision gone the other way, gun rights activists and gun owners would have likely felt as though their constitutional rights were under attack. The District of Columbia v. Heller
D. joined the Majority. Justices Blackmun, H.A. And Powell, L.F. wrote a special and regular concurrence respectively. In addition to voting with the majority, O'Connor S.D. joined Powel's concurrence. Writing Dissenting Opinion(s): Stevens, J.P. filed a dissenting opinion in which Marshall, T. And Brennan, W.J joined. Brennan also filed a separate dissenting opinion in which Marshall T. joined. Case 5 Citation: Santa Fe Independent School District v. Jane Doe (2000) Argued: March 29, 2000 Date
O'Brien and Burgess were armed during an attempted robbery. Count three of their condemnation charged them with using a weapon so as to commit a robbery with violence offence, which carries at least compulsory five-year jail term. The count four states using a machinegun to commit crime carries a thirty year compulsory minimum term. The government thenceforth challenged and disapproved the fourth count on the arguing that it could
Religious Freedom-First Amendment Church of the Lukumi Babalu Aye v. City of Hialeah Religious Freedom is one of the key principles on which the foundation of our country was laid. United States has always supported and endorsed free exercise of religion and this right has been considered so important that it became part of the First Amendment, which clearly states that: Congress shall make no law respecting an establishment of religion, or prohibiting