Next week, the U.S. Supreme Court is scheduled to hear arguments in McDonald v. City of Chicago, a case asking whether the Fourteenth Amendment’s Privileges or Immunities Clause or the Due Process Clause makes the Second Amendment applicable to the states and local governments. It is shaping up to be one of the most important cases of the court’s term and it could usher in a new era in constitutional jurisprudence.
I am moderating a 90 minute teleconference sponsored by the American Bar Association's State and Local Government Section today (ABA flyer is here).
Quick summary:
Case Background
The U.S. Supreme Court has agreed to hear a case that has the potential to re-write over 100 years of 14th Amendment jurisprudence. The case is McDonald v. City of Chicago, No. 08-1521 (cert granted Sept. 30, 2009).
The Fourteenth Amendment states:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Question Presented
The Question Presented is: Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment's Privileges or Immunities or Due Process Clauses.
My resource page with briefs, opinions below and media is here.
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