Supreme Court Gun Rulings

In: Other Topics

Submitted By solo
Words 1356
Pages 6
The Cases of The District of Columbia vs. Heller and Lopez vs. the United States: a look at Supreme Court gun law cases, rulings, and the current abuse of executive privilege under the Second Amendment.

The Second Amendment to the Constitution is the right to keep and bear arms by every law abiding citizen in the United States. In this dialog, we will look at the aforementioned Supreme Court cases to better understand the limitations of the Central Governments ability to interfere with this individual right. In the case of the District of Columbia vs. Heller, the primary issue in this case was the complete ban of handguns in homes within the District of Columbia unless they are unserviceable. This case was brought by Dick Heller in an action claiming that a complete ban violates the 2nd Amendment right guaranteed to the citizens of this country. In the case of Lopez vs. the United States, Congress attempted to control where individuals could carry weapons through the invalid use and exercise of the commerce clause power. At first look into the District of Columbia vs. Heller case, the power to solicit and control gun regulation belongs to the States, not the Federal Government. The District of Columbia is not a state and therefore does not possess the authority to install gun regulations on the citizenry living there as they are residents of Maryland and Virginia and are so governed by the gun laws which exist in those states depending on which state they are located in. The Supreme Court stated that when the Constitution referred to the “right of the people” that this refers to individual rights and not collective rights. Additionally, to keep or bear arms means literally to hold in one’s possession and therefore the literal approach to the amendment and the states amendments means that each…...

Similar Documents

The Supreme Court

...The Supreme Court Leshea Hicks Professor Dorothy Sliben LEG420 January 22, 2012 The United States Supreme Court is the last level at the federal level. It is also the only court mentioned in the Constitution. “The constitution states, “the judicial power of the United States shall be in one supreme court”, and Congress may ordain and establish from time to time” (Champion, Hartley & Rabe, 2008). The Supreme Court consists of eight associate justices and one chief justice. Each year the court hears a limited amount of cases if requested. They usually meet on the first Monday in October thru late June; the justices typically meet three times per week to hear cases. They meet also to decide which cases they will take for each session. Most cases brought before the Supreme Court started at the federal or state level, and usually involve constitutional issues, such as immigration laws, abortion, and same sex marriages. The purpose of the Supreme Court is to monitor the actions of the President and Congress. The Supreme Court can advise the President of wrongdoings considered unconstitutional. The court has the power to veto a law passed by Congress, when it violates the constitution. “The Supreme Court is the final judge in all cases involving laws of Congress and the highest law of the Constitution” (“Role of the,” ). The Supreme Court has two main functions: First, to interpret and explain congressional enactments in cases. They interpret state laws......

Words: 678 - Pages: 3

Supreme Court Rise to Power

...different branches. Each branch was meant to keep the other in check and make sure that they did not abuse their powers. The branches of government were as follow the lawmaking, executive and the jurisdictive. The constitution started out has simple two page document because the founding fathers couldn’t agree on much of anything. When the framers first thought of the Supreme Court they were thinking of a branch of government that would have supreme power. This is evident by the way each branch is laid out in the establishment. Each branch of government has its power expounded to them in detail. When it came to the court the description of power became vague. Some scholars believe that the founding fathers didn’t give the Supreme Court as many restrictions because they wanted a court of judge that would rule and intrepid the constitution as they would. The constitution was never meant to govern the people of America it was meant to rule and control them. The founding fathers picked people for the court that had the same backgrounds as them. According to the how the constitution is worded the framers gave the court the right to make law based on thing un for seen by them. This means that they have the right to make laws on thing that are being invented and used by Americans today The responsibilities and limitations of each branch of government are set forth in the constitution. For example specific powers are granted to the congress concerning their jurisdiction and job......

Words: 3569 - Pages: 15

U.S. Supreme Court Case

...U.S. Supreme Court Case CJA/354 Criminal Law The Supreme Court of the United States is the Nation’s highest court, and was established on 4, March 1789; the court is made up of a Chief Justice and five Associated Justices. From the time the United States established the Supreme Court there has been 112 Justices of the court, including 17 Chief Justices ("United States Senate Committee on the Judiciary ", n.d.). Over the years the United States Supreme Court has heard cases brought on by one state against another, between state and federal government known as “original jurisdiction” actions, cases from state courts, and cases brought up of reviewable decisions made in federal appellate or district courts ("Supreme Court Historical Society ", n.d.). The case being used for this paper has two separate cases involved, but I will only be using one as a reference. The two cases in which were brought to the United States Supreme Court together are very similar and involve teens being given life sentences without the possibility of parole for committing murder. The United States Supreme Courts case number is 10-9646, Miller v. Alabama. This case was brought to the United States Supreme Court on 20, March 2012, involving two fourteen year old boys, whom were found guilty of murder in two separate cases, and also from two separate states, one being Alabama and the other being that of Arkansas. With in each of these cases one of the boys did the killing......

Words: 1211 - Pages: 5

Supreme Court Cases

...Court Cases: US v. Lopez (1995) Is the Gun Free School Zones Act an unconstitutional exercise of Congress’s power? This case was based on the commerce clause. Alfonso Lopez walked into his San Antonio high school carrying a concealed weapon, violating a Texas law that banned firearms in schools. But the next day those charges were dropped and he was then charged with offending a federal law: The Gun Free School Zones Act. He was indicted and found guilty, and sentenced to six months in jail. He challenged his conviction saying that the federal government had no control in education, but the federal government said that it had the authority to ban guns in schools under the commerce clause. The Supreme Court rejected the federal government’s claim, holding that the law wasn’t related to commerce. The Court stated if they upheld the government’s statement, then there wouldn’t be limitations on federal government’s power. The Court referenced the Founders’ belief that there should be a balance between state and federal government powers. The case is significant to society because it’s the first time in fifty years that Congress overstepped its power under the commerce clause. McCulloch v. Maryland (1819) Does the elastic clause give Congress the power to create a national bank? This case was based on the elastic clause. The state of Maryland passed a law in 1818 taxing the national bank’s Baltimore branch $15,000 a year. The branch refused to pay; instead it sued the......

Words: 367 - Pages: 2

Court Ruling on Ozark Airlines

...Module 2 Discussion – GBA-335 Prof Fisk, The Court’s ruling was in order. Considering safety of the Airline passengers and the entire organization, it was not in the interest who is best or not but whoever meets the 50*50 airline view business necessity. The business necessity here is an evidence record to show that an individual’s ability to operate all the instruments in the cockpit and reach the design eye reference point. Individual’s height is important to the safe and efficient operation of a plane. The criteria for hiring – five-foot-seven-inch minimum height requirement is not a sexually discriminatory issue. Anybody (male or female) that meet this requirement could be hired. In a prima facie case of sex discrimination – because the number of male with five-foot-seven-inch outnumber the female hence it could be regarded that pilots are exclusive for male hiring. In my opinion and to ensure hiring of female pilot entry, the Court had to tell Ozark to reduce the minimum height to five-foot-five-inch. An individual who fails to meet certain requirement for hiring, does not mean that ‘the employer’s general policy and practice concerning hiring should be amended to suit him/her. The criteria is job-related (cf. 29 C.F.R. §1607.5(c)(2)(iii). “The job of airline flight officer is clearly such a job”. So, the trial Court did not err in its ruling. Ref: Twomey, D (2013). Labor and employment law: Text and cases (15th ed). Mason, OH: South-Western Cengage......

Words: 259 - Pages: 2

Supreme Court of the United States

...Supreme Court of the United States, In the case of the Supreme Court of the United States, Michael D. Crawford v. Washington. Michael Crawford was tried for assault and attempted murder for stabbing a man who was named, Kenneth Lee. Crawford stabbed Lee at his apartment on on August 5,1999. Police arrested petitioner later that night. Crawford claimed he had acted in self-defense when he believed Lee had picked up a weapon. Lee denied doing anything that might make Crawford believe he was trying to attack him. Michael Crawford contended that Lee had attempted to rape his wife, Sylvia. The police arrested him for the stabbing, and after giving both Michael and his wife, Sylvia, Miranda warnings, they interrogated both husband and wife twice. The statement Michael challenged under the Confrontation Clause came from a tape recorded interrogation of Sylvia. In her second interrogation, she gave a version of the fight between Michael and the alleged victim that at least appeared inconsistent with her husband’s self-defense claim. Sylvia’s tape recorded statement was introduced at trial against Michael even though he had no opportunity for cross examination. In reviewing the statement’s admission by the trial court, the Washington Court of Appeals and Washington Supreme Court applied slightly different tests grounded in the framework described......

Words: 3781 - Pages: 16

The Supreme Court

...The Supreme Court The purpose of the Supreme Court is to review or address cases that involve issues on a federal level or of constitutional law, just as appellate courts hear cases on a state level. Their responsibilities include deciding how to apply the principles of constitutional law to new matters and issues that arise in today’s day to day legal process; they also play the role of the “parent” to lower federal appellate courts when their decisions on legal issues are contradicting to one another, overlap, goes against constitutional rights, or allows room for confusion as to whose decision takes precedent. Bottom line the purpose of the Supreme Court is to provide the rules and statues for state level courts to abide by when they involve federal or constitutional matters, making them the highest court of law. The Supreme Court is made up of nine judges or justices of the peace that are appointed by the President of the United States and the advice of the senate, their titles include one chief and eight associates that serve a life term. By law there are no particular requirements, educational experience or background, or law degrees necessary to become a Supreme Court judge, but because the advice of senate is used by the President of the United States to select the justices their experience and background is taken into consideration. These nine justices makeup what is considered a full court, however it only takes six justices to makeup a lawful bench and in some......

Words: 951 - Pages: 4

Supreme Court

... A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, which is superseded by the New York Court of Appeals, and the former Supreme Court of Judicature of England and Wales. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court, and supreme courts for each member state, with the former having jurisdiction over the latter only to the extent that the federal constitution......

Words: 4621 - Pages: 19

Evaluation of Supreme Court Case

...testified he believed he was in a battle with Satan and performed exorcisms on their home including burying their furniture and other belongs outside of the their home. The Texas state court held his initial trial in 1995, where Judge Stephen Ables allowed Panetti to represent himself. During this trial Scott Panetti dressed in cowboy clothes and called witnesses to the stand such as John F. Kennedy, as well as his own friends, who he questioned about their weekend activities. This court found him guilty of capital murder and he was sentenced to death. He appealed directly to the Texas court, and his appeal was denied. He then filed a federal Habeas petition. The district court as well as the fifth circuit court denied his claims. The fifth circuit court also denied certiorari. During these proceedings Panetti did not argue incompetence due to mental illness as a reason to stop his execution. The state court set his execution date. Once the execution date had been set, Panetti filed a motion claiming his mental illness deemed him incompetent for execution. His motion was denied with no hearing and the Texas court of Criminal Appeals dismissed his petition because of lack of jurisdiction (Panetti v. Quarterman, 2007). Panetti filed another federal habeas petition at which point the District Court stayed the execution to give time for a mental evaluation. He also filed 10 other motions asking for a hearing on his competency, as well as, funding for his own mental health......

Words: 3801 - Pages: 16

Supreme Court Justices

...Supreme Court justices are just politicians in black robes Supreme court justices are politicians. They are politicians alongside their duties of judges of the highest court in the land. The most basic definition of a politician is, a person that achieves a position of policy making over an organized community. Judges, in theory, should be fair, unbiased, neutral, impartial and not based or linked to any political party or movement. However, decisions made by the Supreme Court judges have had huge political significance. While it’s not the standard in lower courts, the United States Supreme Court is forced to make political and judicial decisions. A judicial decision is based on the question was a law broken. However, because the Supreme Court is the highest court of the land, they also must make political decisions some of which have been more powerful that the actual laws congress had written. The Supreme Court is in charge of making sure congress and the president don’t overstep their authority, and to do this job of keeping these branches accountable it would be impossible for the justices to not be politicians yielding real power. One of the examples of the supreme courts political power the court case Griswold v. Connecticut (1965). Estelle Griswold was the executive director of Planned Parenthood in Connecticut; she and Dr. Buxton of Yale Medical School opened a clinic in Waterbury and after only serving 10 patients Griswold and Buxton were arrested and......

Words: 2189 - Pages: 9

Supreme Court Knowledge Check

...The chain of events leading up to the Supreme Court case U. S. v Clarke included summonses issued by the IRS to four people associated with Dynamo Holdings, L.P. for evidence and documents related to Dynamo’s tax liability for 2005-2007. Large interest expenses reported in those years were in question. Dynamo had agreed to two year-long extensions of the usual 3-year limitation period for assessing tax liability. When the four individuals failed to comply with the summonses issued in September and October 2010, the IRS pursued the issue in District Court in April 2011 to enforce the summons under United States Code Section 7602(a), which gives the Secretary the power to examine relevant or material information and to summon liable parties. Under Reisman v. Caplin, 375 U. S. 440, 449 (1964), the summons was challenged by respondents, attempting to question the responsible agents and claiming the IRS had questionable motives in issuing the summonses. The respondents held that the IRS issued the summonses to “punish Dynamo for refusing to a further extension of the applicable statute of limitations.” Additionally, the respondents claimed that the IRS decided to enforce the summonses following Dynamo filing suit in Tax Court in order to avoid the Tax Court’s limitations on discovery, thus gaining an unfair advantage. This request was deemed incorrect matter of law and was denied by the District Court because the respondents did not point to specifics that might raise......

Words: 814 - Pages: 4

Supreme Court Case Study

...Civil Rights and Liberties Supreme Court Case 2 Douglas Ganim Thursday, November 5, 2015 VOTE: 5-4 in favor of Sally Spyalot, Director of National Security Agency JUSTICE ALITO delivered the opinion of the court Shortly after September 11, 2001, at the request of the National Security Agency, several of the major phone companies were asked to provide phone records for all calls made within the United States, and all calls made to the United States from other countries. The data the NSA received, provided information on the phone number the call was made to and from, the call’s duration, the date of the call, and the time of day. No Financial data, nor content of the calls, were ever obtained by NSA. This action proceeded without a warrant for any of the information provided. In addition, there was no individual suspicion since this was considered “meta-data” or “bulk data collection” of phone records. The vast majority of the data was analyzed by computer programs and never looked at by NSA personnel. Before we delve into an analysis of the court’s decision in this case, it is prudent we first address an important point. Prior to the September 11, 2001 terror attacks, few American’s contemplated a threat to homeland security. Today, the fear of terrorism is ingrained in our daily thoughts. Following the events of 9/11, American’s sense of safety nearly vanished, and the direction, and scope of national security were forever changed. The National Security......

Words: 2770 - Pages: 12

Supreme Court Cases

...04/14/2016 Supreme Court Cases The 9 members of the United States supreme court: Justice | Date of Birth | Appointed by | Sworn in | Vacant (Antonin Scalia) | 3/11/1936 Died 2/13/2016 Age: 79 yr 11 mo | Ronald Reagan | 9/26/1986 Served: 29 yr 4 mo | Anthony Kennedy | 7/23/1936 Age: 79 yr 8 mo | Ronald Reagan | 2/18/1988 Served: 28 yr 1 mo | Clarence Thomas | 6/23/1948 Age: 67 yr 9 mo | George H. W. Bush | 10/23/1991 Served: 24 yr 5 mo | Ruth Bader Ginsburg | 3/15/1933 Age: 83 yr 0 mo | Bill Clinton | 8/19/1993 Served: 22 yr 7 mo | Stephen Breyer | 8/15/1938 Age: 77 yr 7 mo | Bill Clinton | 8/3/1994 Served: 21 yr 8 mo | John G. Roberts | 1/27/1955 Age: 61 yr 2 mo | George W. Bush | 9/29/2005 Served: 10 yr 6 mo | Samuel A. Alito, Jr. | 4/1/1950 Age: 66 yr 0 mo | George W. Bush | 1/31/2006 Served: 10 yr 2 mo | Sonia Sotomayor | 6/25/1954 Age: 61 yr 9 mo | Barack Obama | 8/8/2009 Served: 6 yr 8 mo | Elena Kagan | 4/28/1960 Age: 55 yr 11 mo | Barack Obama | 8/7/2010 Served: 5 yr 8 mo | http://www.thegreenpapers.com/Hx/SupremeCourt.html A Texas resident wanted to terminate her pregnancy through abortion, but Texas law prohibited abortions unless they were happening to save the mother’s life. The right to privacy which is in the fourth amendment is the laws that was being challenged and in this case it was protected under the fourteenth amendment. The state that the case came about in was Texas. The ruling was that she was......

Words: 489 - Pages: 2

Supreme Court Sides with Walmart

...Video Case Study: Court Systems and Jurisdiction—Supreme Court Sides with Walmart 1. This story is about the Supreme Court’s decision. What process did this case have to go through to get to the Supreme Court? The U.S. Constitution establishes the Supreme Court, which is authorized by it to hear original and appellate cases. Original cases are heard only by and are sent directly to the Supreme Court. Appellate cases are those cases which were heard by a lower court, decided on by the lower court, but an appeal was requested so the Supreme Court could hear it. That request is a writ of certiorari. The Supreme Court orders the lower court to send the case files for review. The Supreme Court usually does not hear appellate cases unless it might impact the nation, a major class of Citizen or State law (US Courts, n.d.). This Wal-Mart case falls within the Appellate jurisdiction. 2. In the story, two justices wrote differing opinions about the issue. Discuss the differences between a majority opinion, a concurring opinion, and a dissenting opinion. What effect does each type of opinion have on the state of the law in America? The majority opinion is the official ruling of the case where more than half of the Justices agree on the decision and explain the legal basis used to come to that decision. A concurring opinion is when one or more of the majority Justices agree with the ruling but used a different legal rationale to come to their ruling decision. A......

Words: 716 - Pages: 3

Supreme Court Case

...Supreme Court Case Jamie Wallace CJA/354 August 5, 2012 Graham Quisenberry The Supreme Court case I chose for my assignment is titled “Supreme Court mostly rejects Arizona immigration law; gov says ‘heart’ remains.” Immigration is a controversial area for society and the law in United States, even more so after the terrorist attacks in 2001. The state of Arizona in April 2010 implemented laws that would crack down on immigration violators to protect the citizens of Arizona and the citizens of the United States. The summary of what this article covers is the U.S. Supreme court struck down key portions of a law that was enacted by the state of Arizona in April 2010. According to the Cohen (2012) website Arizona sought to deter illegal immigration that allows a provision to check a person’s immigration status while still enforcing other laws. The ruling behind the Supreme Court’s decision is that the federal government has the power that can block any law and all of Arizona’s authority figures must comply with the federal law when conducting any immigration status checks or they may face challenges considered to be unconstitutional. What interested me the most about the article is the controversy that surrounds this subject. Racial profiling is a controversial subject that brings much debate with it. When one looks at the law and what law enforcement officers do as part of their duty, at times there is racial profiling that will take......

Words: 902 - Pages: 4

More Posts | Little Women LA S07E12 XviD-AFG 19 минут | HD Kaliman In The Sinister World Of Humanon (1976)