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McDonald v. Chicago: Supreme Court 'incorporates' Second Amendment

The Supreme Court of the United States (SCOTUS) today returned its Second Amendment decision in McDonald v. Chicago by striking down the city’s ban on handguns and affirming that state laws, as well as federal laws, are subject to constitutional scrutiny.

An initial analysis of the decision indicates the Court ruled in favor of “incorporating” the Second Amendment under the Fourteenth Amendment “due process” clause, while declining to address the potentially far-reaching “privileges and immunities” argument made by the plaintiffs.

The decision extensively discusses not only the D.C. v. Heller precedent, but also the factors and intent involved in drafting the Fourteenth Amendment and the discriminatory environment following the Civil War.

More analysis of the 214 page decision will be forwarded as it becomes available. To view the decision, go to: http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
 

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