McDonald v Chicago Flashcards
Facts of case
The Supreme Court issued its opinion in District of Columbia v. Heller. A district of Columbia handgun ban violated the 2nd amendment. The court reasoned that the law in question was enacted under the authority of the federal government and thus, the 2nd Amendment was applicable. Plaintiffs argued that the Second Amendment should also apply to the states.
Holdings and rationale
Rights that are “fundamental to the Nation’s scheme of ordered liberty” or that are “deeply rooted in this Nation’s history and tradition” are appropriately applied to the states through the 14th Amendment. In Heller the right to self-defense was one such “fundamental” and “deeply rooted” right. The 2nd Amendment applied to the states.
Keywords
The Second Amendment right to keep and bear arms for self defense is applicable to the states.