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.

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