District of Columbia v. Heller (2008) by Lanni Weisser https://padlet.com/lweiss1128/3fjy793deqtnwfpn en-us 2020-11-17 17:09:59 UTC 2020-11-20 22:36:55 UTC hello@padlet.com Background information lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/932822027 The District of Columbia made it illegal to carry an unregistered firearm but the chief of police could give out a one year license. Dick Anthony Heller was a police officer and he had to have his gun while he was working, so he applied for a license and got denied. So he filed a compliant and the District of Columbia court dismissed it and it was then reversed by the U.S. Court of Appeals. They said that this went against the 2nd Amendment right to keep a firearm in your home for the purpose of self defense.]]> 2020-11-17 17:15:07 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/932822027 Robert's Court lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/932827149 Chief Justice:
John Roberts
Associate Justices:
John P. Stevens
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito

]]> 2020-11-17 17:16:01 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/932827149 Lower Court's decision lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/939026453 United States Court of Appeals for the District for Columbia Circuit.
Decision: The District of Columbia court dismissed the claim.]]> 2020-11-18 21:50:39 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/939026453 Petitioner's Oral Arguments lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/939027904
  • Dellinger said, " he exactly equated the phrase "bearing arms" with, quote, "rendering military service"
  • "The right of the people to keep and bear arms shall not be infringed, a well armed and well regulated militia being the best security of a free country, but no person religiously scrupulous of bearing arms shall be compelled to render military service in person. "
  • "Because a well regulated militia is necessary to the security of a free State, the right of the people to keep and bear arms shall not be-- "
  • Respondent: "The Petitioners have had two opportunities to urge courts to adopt this so-called self-defense exception which they construed in the amendment. "
  • "Certainly the idea that people can guess as to when it is that they might render the firearm operational is... is not a one that the Court should accept, because a person who hears a noise, a person who perhaps is living in a neighborhood where there has been a spate of violent crimes, has no idea of when the District of Columbia would permit her to render the firearm operational."
    • ]]>     2020-11-18 21:51:11 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/939027904     Constitutional Question lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/939032732 Q: Do 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 violate the Second Amendment?
    A: The ban on registering handguns and the requirements to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment.]]>     2020-11-18 21:52:52 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/939032732     Opinion of the Court lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946782272 Scalia said, "We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution."
    They also said it went against the Operative Clause.]]>     2020-11-20 19:24:36 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946782272     Dissenting and Concurring Opinions lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946916638 Concurring Opinion: Heller won the case 5 to 4. Roberts, Scalia, Kennedy, Thomas, and Alito voted that it was unconstitutional. Stevens, Souter, Ginsburg, and Breyer voted against Heller.  They said it violated the Second Amendment and since Heller was qualified to carry a gun this violated his right.
    Dissenting Opinions: Breyer said that it didn't go against the 2nd Amendment because that was for militia and Heller didn't qualify for that and it doesn't fit with the Operative Clause. Justice Stevens also went against the ruling and said that the 2nd Amendment protects "individual rights" so it doesn't apply to this case.]]>     2020-11-20 19:59:16 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946916638     Significance of this Supreme Court Case lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946918742 The significance of this case is that the District of Columbia was voted that it did go against the 2nd Amendment because it banned firearms that didn't have to do with the military and they were taking away individual rights to bare arms. ]]> 2020-11-20 19:59:51 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946918742 Judicial Activism or Restraint? lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946920049 This Supreme Court Case is Judicial Activism because it was voted that the District of Columbia was taking away their citizens' 2nd Amendment right to bare arms so that is why Heller sued.]]> 2020-11-20 20:00:14 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/946920049 Syllabus lweiss1128 https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/947315420 2020-11-20 22:35:38 UTC https://padlet.com/lweiss1128/3fjy793deqtnwfpn/wish/947315420