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Judicial Activism or Judicial Restraint?

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Judicial Activism or Judicial Restraint?

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-In my opinion this is a example of Judicial Activism because this violated the Second Amendment and this called for a change in the law.

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Significance of this Supreme Court Case 

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Significance of this Supreme Court Case 

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-This Court Case made the provisions of the District of Columbia code restrict the licensing of handguns and require licensed firearms kept in the home to be kept nonfunctional.

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-Justice John Paul Stevens wrote that the Second Amendment does not create an unlimited right to possess guns for self-defense.  The  Amendment actually protects the right to keep and bear arms for certain military purposes
- There was no concurring opinion found.

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- It was a 5-4 majority
- The Court held that the first clause of the Second Amendment is a prefatory clause that does not limit the operative clause of the Amendment.

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Questions the Supreme Court was attempting to answer

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Questions the Supreme Court was attempting to answer

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- Do the provisions of the District of Columbia Code that restrict the licensing of handguns and require licensed firearms kept nonfunctional violate the Second Amendment?

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Oral Argument by Dellinger (The District side)

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Oral Argument by Dellinger (The District side)

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-In the debates over the Second Amendment, every person who used the phrase "bear arms" used it to refer to the use of arms in connection with militia service and when Madison introduced the amendment in the first Congress.

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Oral Argument by Clement (Heller's side)

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Oral Argument by Clement (Heller's side)

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- The Second Amendment to the Constitution, in the text, guarantees an individual right that does not depend on eligibility for a service in the militia.

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-Originally the District of Columbia dismissed the complaint.
-The U.S. Court of Appeals for the D.C. Circuit changed the dismissal in a 2-1 vote. This revealed that the Firearms Control Regulations Act was unconstitutional.

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A D.C. special police officer named Dick Anthony Heller was allowed to carry a handgun while on duty. He eventually tried to apply for a one year license for a handgun but it was not accepted.

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Chief Justices and Associates Justices Involved 

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Chief Justices and Associates Justices Involved 

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The Chief Justice was John Roberts. The Associate Justices were Antonin Scalia, Anthony Kennedy, John P Stevens, Clarence Thomas, David Souter, Ruth Bader Ginsburg, Stephen Breyer, and Samuel Alito.