Lecture Notes: McDonald v. Chicago

Introduction

• Instructor: Heimlich
• Topic: McDonald v. Chicago - a required Supreme Court case for the AP Government curriculum.
• Objective: Understand the implications of the McDonald v. Chicago case and its relation to the Second Amendment and selective incorporation.

Background and Facts of the Case

• Related Case: Heller v. District of Columbia (2008)
  • Outcome: Restrictive gun ownership laws in Washington D.C. were ruled unconstitutional.
  • Note: Applied only to federal territory (D.C.).
• McDonald v. Chicago
  • Plaintiff: Otis McDonald, a grandfather and hunter.
  • Situation: McDonald wanted to own a handgun for self-defense due to local gang activity and previous robberies.
  • Issue: Chicago had very restrictive handgun laws.
  • Legal Question: Whether these laws violated McDonald's Second Amendment rights.

Constitutional Principle

• Amendment Involved: Second Amendment - right to bear arms.
• Arguments:
  • McDonald: Chicago's laws infringed upon Second Amendment rights, especially post-Heller case.
  • Opposition: Restrictive laws were necessary for public order and safety.
• Court's Dilemma: Balancing personal liberty vs. public order and safety.

Court's Decision

• Ruling: In favor of McDonald, finding Chicago's laws a violation of Second Amendment rights.
• Key Point:
  • Not solely about the Second Amendment.
  • Involves the 14th Amendment’s Equal Protection Clause, which allows the Bill of Rights to apply to states.

Significance and Impact

• Selective Incorporation:
  • Process by which Bill of Rights is applied to states via the 14th Amendment.
  • McDonald case extended Heller ruling to the states.
  • States and cities with similar laws had to adjust to align with the McDonald ruling.
• Majority Opinion (Justice Samuel Alito): Recognized the right to bear arms as fundamental to ordered liberty.
• Dissenting Opinion: Argued against gun ownership as a fundamental right.

Conclusion

• Relevance: Understanding this case is crucial for exams and understanding constitutional rights related to state laws.

Additional Resources

• Call to Action:
  • View packet for further study aids.
  • Explore videos on other Supreme Court cases.
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Closing

• Instructor's Sign-off: "Heimler out"