Wednesday, September 30, 2009

Supreme Court to Hear Landmark Second Amendment Case!!!

The question whether the Second Amendment applies to the states (like the First) will be taken up by the United States Supreme Court next year. The case in question, McDonald v. Chicago, is one of the key cases I discussed in a blog entry from last month. In the case, the Chicago handgun ban is the law in question. An earlier decision upheld the ban, indicating the Second Amendment only applies to Federal, not State or Local law, but indicated the matter was one for the Supreme Court to decide.

The key question is whether or not the Second Amendment is incorporated under the Fourteenth Amendment like the remainder of the Bill of Rights. If the Supreme Court rules that it is, and strikes down the Chicago gun ban, the same way the Heller case struck down the D.C. gun ban, then outright bans across the nation will be immediately unconstitutional. This would be the greatest possible victory for our rights as affirmed under the Constitution in years. I sincerely hope the Court further reaffirms the individual right to keep and bear arms as enumerated in our Constitution.

Until next time!!!

2 comments:

Troy said...

I definitely have high hopes for this case! Woo hoo!

Fingolfen said...

This could be the big one - but I'm concerned that politics will have WAY too much influence on it...