McDonald v. Chicago (AP Government)

Introduction

• Context: Required Supreme Court case for AP Government curriculum.
• Presenter: Heimlich
• Main Case: McDonald v. Chicago
• Precedent Case: Heller v. District of Columbia (2008)

Facts of the Case

• Heller Case: Ruled restrictive gun ownership laws in D.C. unconstitutional but only applied to federal territory.
• Otis McDonald: Chicago resident, grandparent, home repeatedly robbed, legally owned rifles and shotguns, wanted a handgun for self-defense.
• Chicago Laws: Known for the most restrictive handgun laws in the USA.
• Legal Action: McDonald and other residents challenged Chicago's handgun laws at the Supreme Court.

Constitutional Principles

• Second Amendment: Right to bear arms.
• Argument by Petitioners: Chicago's restrictive gun laws infringe on their Second Amendment rights (post-Heller ruling).
• Argument by Opponents: Restrictive gun laws necessary for public order and safety.
• Balancing Act: Upkeep of personal liberty vs. public order and safety.

Supreme Court Decision

• Ruling: In favor of McDonald and petitioners.
• Impact: Chicago's gun laws violated citizens' Second Amendment rights.
• Broader Implication: Applied Heller ruling to states using the 14th Amendment's equal protection clause.

Selective Incorporation

• Definition: Process by which the Supreme Court applies civil liberties from the Bill of Rights to state governments.
• Importance: McDonald ruling ensured that restrictive gun laws in states/cities must align with the Second Amendment as interpreted by the Court.
• Justification: Justice Samuel Alito's majority opinion stated that the right to keep and bear arms is fundamental for ordered liberty.
• Dissenting Opinion: Argued lack of historical and logical basis for considering gun ownership a fundamental right. This opinion did not prevail.

Conclusion

• Significance: Ensures broader protection of the Second Amendment at the state level.
• Further Resources: Recommended review packets and videos on other required Supreme Court cases.
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