Case Law

Submitted by tim_ravndal on Thu, 02/25/2010 - 16:51

 

McDonald  v. City of Chicago

 
 
The U.S. Supreme Court will hear oral arguments this Tuesday, March 2.  The case is focused on the next test to insure our rights under the 2nd Amendment.  The case  will be decided with a ruling expected in June.
 
 
Does this case close the door on securing our 2nd Amendment Rights?  If one looks at Due Process, perhaps you might come to that conclusion.  However, often times we find another aspect of our constitutional interpretation by the courts, and those are where things get sticky.  looking at history, one needs to look at the "Slauterhouse Cases" to get a full picture of how our court system made a mistake long ago, and have continually wrangled with ways to right this wrong. 
 
Consider the approach for Due Process here with this case as noted under the 14th Amendment.  Under that provsion of the constitution, we have a part of the original intent that has been judicially removed over the years called the  "Privleges and Imunities Clause" by siding with the "Due Process Clause" we all know so very well.
 
In the 14th Amendment, we need to look at that aspect as it has surfaced in this case and consider its implications to the constitutional principles that our founding fathers made sure were not abridged.  The "Privileges and Immunities clause" (which protects only citizens), and the "Due Process clause" (which applies to "any person") are now both   under the spot light of the Supreme Court.  
 
We need to be careful here, as we can quickly see what will happen if the Privleges and immunities clause is reinstated.  For our right to bear arms, we can welcome this, but we can also expect a flooding of cases that will challenge earlier rulings in a vast array of citiznes rights.  Consider gay marrarge for one!  
 
We should be careful what we ask for, and everyone needs to pay attention to McDonald v. Chicago!
 
Tim Ravndal, Montana Coordinator
Second Amendment March
PO Box 287
Townsend Montana  59644
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