Thursday, July 1, 2010

2nd Amendment: McDonald v. Chicago; Article I Outline

Constitution Study with Douglas V. Gibbs Week 09: July 1, 2010

McDonald ET AL. v. City of Chicago, Illinois, ET AL. - Supreme Court 5-4 Decision Disallowing Chicago’s handgun ban; United States Supreme Court uses 14th Amendment to apply the 2nd Amendment to the States.

U.S. Constitution, Article I

McDonald v. City of Chicago:

The 5-4 Decision holds that the 2nd Amendment protects the right to keep and bear arms in all cities and States. The U.S. Supreme Court concluded that originally the 2nd Amendment applied only to the Federal Government, but it is in the opinion of the court that the 14th Amendment incorporates the Bill of Rights, therefore applying those amendments, and more specifically the 2nd Amendment, to the States.

I believe that the U.S. Constitution applies to the federal government except where specifically noted otherwise.

After the decision many people called me saying, “We won!”

I said, "I am not so sure."

I am uneasy anytime the federal government tells a city or state what they have to do. I am happy about the protection of gun rights, but that does not mean I am in agreement with the constitutional angle used.

Let me put it this way. If we give the federal government the right to tell cities they have to allow gun ownership, what stops them from doing the opposite later? This case creates a precedent of allowing the federal government to dictate to the states and cities what they have to do, and in that I recognize a great danger to state sovereignty.

Article I of the U.S. Constitution - The Legislative Branch

Section 1: Establishes the Legislative Branch

Section 2: U.S. House of Representatives

Section 3: U.S. Senate

Section 4: Elections, Sessions

Section 5: Elections, Rules of Proceedings

Section 6: Compensation and Ethics

Section 7: Bills

Section 8: Federal Authorities

Section 9: Federal Prohibitions

Section 10: State Prohibitions

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