The McDonald Decision and the 14th Amendment
Over the course of the last year or so, we’ve had the opportunity to hear Dave Kopel speak several times about the soon to be decided McDonald v. Chicago Supreme Court case. (To listen to Dave speak on this massively important gun rights issue, listen here, here, here, or here).
In a nutshell, the case will decide whether the Second Amendment is incorporated into the 14th Amendment, and therefore enforceable against state and local governments. For example, the Heller decision stated that the Federal government cannot ban handguns in the District of Columbia – where the Feds have jurisdiction. But what about the city of Chicago in the state of Illinois? Can a city ban handguns? That important decision will be coming down shortly from the Supreme Court in the McDonald case.
Yesterday, Dave discussed the issue of incorporation via the 14th Amendment at his other day job at the Cato Institute. Fair warning: this podcast is chock full of heavy duty legal jargon and constitution-speak. You might need to dust off that old legal textbook you still have laying around to get through it.
[...] came down this morning, 5-4 on the side of American citizens right to bear arms. We’ve talked a lot about this decision and how important it was for gun owners who don’t happen to reside in the District of [...]
28 Jun 2010 at 1:10 pm