Comment on Opinion: McDonald v. City of Chicago


The Supreme Court of the United States issued its opinion in the case of McDonald v. City of Chicago on June 28, 2010. In its decision, the Court held that the Second Amendment is incorporated into the Due Process Clause of the Fourteenth Amendment. "In sum, it is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty." (slip opinion, page 31).

The McDonald Court did not addressed Petitioners Brief at page 44. The Supreme Court did not answer why Justice Miller quoted Article IV, Section 2, Clause 1 of the Constitution, on page 75 of the Slaughterhouse Cases, as "the privileges and immunities of citizens OF the several States" rather than "the privileges and immunities of citizens IN the several States.

The reason Justice Miller used "the privileges and immunities of citizens OF the several States" is that since the adoption of the Fourteenth Amendment there are now three sets of privileges and immunities in the country of the United States. This is shown in page 74 of the Slaughterhouse Cases.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Constitutional Law Updates, Immigration Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dan Goodman | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


View Profile »

Follow Dan Goodman:

Reporters on Deadline