Purpose: This paper aims to provide an analytic review of the background, context, and key decisions behind the Supreme Court’s ruling in the District of Columbia v. Heller case and explore the effects and impacts of their landmark decision and how it pertains to legal interpretations of the Second Amendment.
Issue: The Supreme Court of the United States of America agreed to review the Second Amendment violation claims involved in the District of Columbia v. Heller case and determined that not only does the Bill of Rights guarantee an individual right to keep and bear arms, but also ruled several laws negatively affecting an individual’s right to self-defense are unconstitutional.
Effects: As a direct result of the Court’s decision, a major gun control bill in the District of Columbia and later the city of Chicago were struck down as unconstitutional. The decision further launched an unprecedented wave of legal challenges to various gun laws on both a federal and state level.
Impact: While the lasting effect of the Heller decision’s legal tidal wave and defeated bans are questionable, the Court’s decision represents a decisive legal precedent declaring the Second Amendment a protector of an individual right of citizens to possess arms for recreational and defensive purposes on both a state and federal level.
Heller Decision Timeline
Lawyers Neily and Levy Build a Test Case - 2000: Clark Neily and Robert Levy, two lawyers with the Institute for Justice, come together to build a test case to establish a precedent ruling on the Second Amendment (First Decision).
Parker v. District of Columbia – 10 Feb 2003: Levy’s team selected six plaintiffs to file suit and challe...
... middle of paper ...
...rt’s rule of law. Citing low court interpretations of gun rights as a collective rather than individual right and arguing the framer’s words were intentionally lacking, Justices Stevens and Breyer felt that the Court had ruled in error. Justice Breyer further argued that the Second Amendment’s granted rights ought to be balanced against the government’s duty to curb crime.
1. "District of Columbia v. Heller Oral Arguments." District of Columbia v. Heller Oral Arguments. CSPAN. 18 Mar. 2008. Television.
2. District of Columbia v. Heller. Supreme Court. 26 June 2008. Print.
3. McDonald v. City of Chicago, Ill. Supreme Court. 28 June 2010. Google Scholar. Google. Web.
4. Bill of Rights (1791) (enacted). Print.
5. Streissguth, Thomas. District of Columbia v. Heller: Landmark Supreme Court Cases. Berkeley Heights, NJ: Enslow, 2011. Print.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- District of Columbia Vs. Heller In 1976, the District of Columbia City Council enacted three of the strictest gun control ordinances in the United States. The ordinances entirely ban the possession of handguns within the District and, while allowing residents to keep rifles and shotguns in their homes, require those guns be kept disassembled or bound by a trigger lock. Then in 2003, Dick Heller and five other plaintiffs were recruited by lawyer, Robert Levy, and used to file suit against D.C. in the U.S.... [tags: city council, strict, gun control]
1318 words (3.8 pages)
- The most difficult problem that arises for the courts because of technology is the codification of the Fourth Amendment to apply to technological change and progress. The vast changes technology brings to surveillance, security, and data collection offer a challenge to courts in classifying these new technologies and monitoring their use within the limits of the Fourth Amendment. The Fourth Amendment states that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” An influential dissent written by Louis Brandeis contends that the amendment does not simply protect a person’s property but the “right to be let alone.”... [tags: technologicals change, privacy, amendment]
1212 words (3.5 pages)
- History of the 4th Amendment It is a common known fact that the Bill of Rights serve as a type of contract between the government and the people that outlines the specific rights that each individual is entailed and the government cannot revoke those rights. The Fourth Amendment protects those accused of a crime by preventing officials from searching the home, property, or body of the accused without a valid reason or a search warrant. Despite being a crucial amendment in terms of the privacy and personal protection of an individual, the history behind the conception of the amendment and the history of the amendment in the modern day is not known to a majority of the American population.... [tags: Fourth Amendment to the US Constitution]
1516 words (4.3 pages)
- The Fourth Amendment exclusionary rule has undergone a harsh and controversial development. This article not only critically analyzes the numerous alternatives and slight modifications to the exclusionary rule but the advanced by courts and commentators as well, (Schroeder, 1361). The article also puts emphasis on the alternative route of police policy making and a means to control official misconduct and violations of citizens rights. The exclusionary rule is one of the most significant defense stance of the fourth amendment.... [tags: Fourth Amendment to the US Constitution]
791 words (2.3 pages)
- Joseph Heller's Catch 22 Catch 22 is a satirical novel written by Joseph Heller. It is a story about American army pilots on an island near Italy in the end of World War II in 1944. Catch 22 is a story about how the main character John Yossarian wants to get out of the army and how he tries to act insane so he can be declared unfit to fly any more missions. It is a satirical antiwar novel. It was considered very unusual and was critisised by reviewers when it was first published in 1961. It contains “black humour” because it makes fun out of the horror of war and shows how stupid some of the rules of the army are.... [tags: Heller Book Review]
1078 words (3.1 pages)
- Irony in Catch-22 by Joseph Heller According to The Merriam - Webster Dictionary "Irony is 1.) the use of words to express the opposite of what one really means 2.) incongruity between the actual result of a sequence of events and the expected result" (380) In Catch-22 the type of irony that Heller uses is the second definition "incongruity between the actual result of a sequence of events and the expected results" (Merriam - Webster Dictionary 380). For example in Catch-22 Heller writes "Actually, there were many officers clubs that Yossarian had not helped build, but he was proudest of the one on Pianosa" (18).... [tags: Catch-22 by Joseph Heller]
855 words (2.4 pages)
- Catch 22 America has been involved in the cold war for years. The fear of communism is ruining lives. The country moves closer and closer to the Korean war. Joseph Heller’s Catch 22 is published. 1963- College students are seen wearing army fatigues with “Yossarian” name tags. Reports are being made about a “Heller Cult”. Bumper stickers are manufactured which read, “Better Yossarian then Rotarian”. The phrase “Catch 22” has surfaced meaning a “no win situation” it is now an excepted word in the English dictionary.... [tags: Joseph Heller’s Catch 22]
860 words (2.5 pages)
- The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted.... [tags: Eighth Amendment Essays]
1153 words (3.3 pages)
- Satire, Sarcasm, and Irony in Catch-22 Joseph Heller's narration, dialogue, and characterization in Catch-22 all create a unique perspective of war and our society's bureaucracy. The satire, sarcasm, irony, and general absurdity of the novel provide a view of the irrationality of man's behavior. The horror that is portrayed in Catch-22 is intensified by the humorous way in which it is portrayed. Distortion and exaggeration highlight the characters and scenario while magnifying the confusion.... [tags: Catch-22 Catch 22 Joseph Heller]
700 words (2 pages)
- Literary Analysis of Joseph Heller's Catch 22 Laughing in the face of war and death, literally, is one of the things that make the novel Catch-22 by Joseph Heller such an intriguing and original story. It was written in 1961, a time when, due to the fighting of the Second World War, all war novels were written with a dark and dreary tone, while still trying to continue the pre-conceived romantic notions about war. However, Joseph Heller strips away all of the romantic pretense, and pulling heavily on his own Air Force experience during WWII, presents war in its most raw, un-censored version.... [tags: Heller Joseph Catch 22 Analysis]
1786 words (5.1 pages)
- The Dehumanizing Effect of Alienation and the Restoration of Self-Identity in Franz Kafka's The Metamorphosis
- Judicial Review: 1803 Chief Justice John Marshall
- An Inside Look at Coker College
- The Role Fate Plays in Shakespeare's Romeo and Julite
- Adam Smith in the Modern World
- Promoting Gender Equality and Empowering Women