District of Columbia v Heller
Brief

Citation. 128 S. Ct. 2783 (2008) Brief Fact Summary. The District of Columbia has a ban on handguns, and in addition prohibits them from being in the home unless they are disabled.  Respondent Heller brings an action claiming that this complete ban violates the 2nd Amendment right to keep and bear arms. Synopsis of Rule of Law. the 2nd Amendment extends a right to all individuals to keep firearms, and although the 2nd Amendment is not absolute, a complete ban on a class of weapons (handguns), even for a lawful purpose, violates the constitution. ...

McDonald v. City of Chicago
Brief

Citation. 561 U.S. 742 (2010). Brief Fact Summary. [After the Supreme Court determined that the Second Amendment applied in a challenge to a handgun ban in Washington, D.C., several lawsuits were filed against the cities of Chicago and Oak Park, challenging their gun bans and arguing that the Second Amendment applies to the states.] Synopsis of Rule of Law. The Second Amendment is incorporated through the Due Process Clause of the Fourteenth Amendment and applies to the states. ...

TABLE OF CASES
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TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Abate v. Mundt Abington School District v. Schempp Abood v. Detroit Board of Education Abrams v. U.S. ACLU v. Reno Adarand Constructors, Inc. v. Pena Adkins v. Children’s Hospital  Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc.  Agins v. Tiburon  Agostini v. Felton  Akron v. Akron Center For Reproductive Health  Alaska Hire case  Alden v. Maine  Allegheny County v. American Civil Liberties Union Allen v. Wright  Allgeyer v. Louisiana  Allied Structural Stee ...

MISCELLANEOUS CLAUSES: 14TH AM. PRIVILEGES OR IMMUNITIES; TAKING; CONTRACT; RIGHT TO BEAR ARMS; EX POST FACTO; BILLS OF ATTAINDER
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Chapter 11 MISCELLANEOUS CLAUSES: 14TH AM. PRIVILEGES OR IMMUNITIES; TAKING; CONTRACT; RIGHT TO BEAR ARMS; EX POST FACTO; BILLS OF ATTAINDER This chapter considers several clauses that have little in common except that they protect individuals against specific types of government conduct. The most important concepts in this chapter are: Privileges or Immunities: The 14th Amendment has a "Privileges or Immunities" Clause. But this clause is very narrowly interpreted: it only protects the individual from state interference with his rights of "national" citizenship (principally the righ ...

CAPSULE SUMMARY
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Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards: There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. [2] 1. Mere-rationality standard: Of the three standards, the easiest one to satisfy is the "mere-rationality" standard. When the court applies this "mere-rationality" s ...

TABLE OF CASES
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Abood v. Detroit Bd. of Ed., 159 Adarand Constructors, Inc. v. Pena, 102, 220, 306 Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., 162–163, 245, 322 Agostini v. Felton, 171 Alaska Hire case, 75 Alden v. Maine, 185 Alvarez, U.S. v., 151, 240 Ambach v. Norwick, 110, 308 Anderson v. Martin, 99 Ashcroft v. ACLU, 241, 318 Assoc. Press v. Walker, 149   Baker v. Carr, 187 Baldwin v. Montana Fish & Game Comm’n., 345 Ball v. James, 115, 309 Ballard, U.S. v., 175 Barnes v. Glen Theatre, Inc., 319 Bartnicki v. Vopper, 165 ...

Judicial Review
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CHAPTER 1 Judicial Review INTRODUCTION AND OVERVIEW In the constitutional law course, we study the United States Constitution as it has been interpreted and explained by the federal courts for more than 200 years. The Constitution itself is an amazingly short document. Stripped of its amendments, the Constitution occupies fewer than a dozen pages in your casebook. Even with its amendments, the document is barely 20 pages long. Yet while the Constitution itself is extremely brief, the interpretation of it can be exceedingly complex. The bulk of your constitutional law textbook consists of ca ...

Table of Cases
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Table of Cases Abbott Laboratories v. Gardner,387 U.S. 136 (1967) Adamson v. California,332 U.S. 46 (1947) Aetna Life Ins. Co. v. Haworth,300 U.S. 227 (1937) Air Courier Conference of America v. American Postal Workers Union,498 U.S. 517 (1991) Alabama v. Pugh,438 U.S. 781 (1978) Alden v. Maine,527 U.S. 706 (1999) Allen v. McCurry,449 U.S. 90 (1980) Allen v. Wright,468 U.S. 737 (1984) Altria Group, Inc. v. Good,555 U.S. 70 (2008) Alvarez v. Smith,130 S. Ct. 576 (2009) Amerada Hess Corporation v. Director, Division of Taxation,490 U.S. 66 (1989) American Insurance Association v. Gar ...

The Right to Keep and Bear Arms
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CHAPTER 10 The Right to Keep and Bear Arms §10.1 INTRODUCTION AND OVERVIEW The text of the Second Amendment provides, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” In interpreting this text, the critical question is whether the language establishes the general right of an individual “to keep and bear Arms” for private, non-militia uses or, instead, creates only a particularized right, limited in scope to the needs of a well-regulated militia. Until recently, the Supreme Court endor ...

Equal Protection: Ordinary, “Suspect,” and “Quasi-Suspect” Classifications
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CHAPTER 6 Equal Protection: Ordinary, “Suspect,” and “Quasi-Suspect” Classifications §6.1 INTRODUCTION AND OVERVIEW The Constitution prohibits the state and federal governments from denying people the equal protection of the laws. Section 1 of the Fourteenth Amendment provides: “No State shall ... deny to any person within its jurisdiction the equal protection of the laws.” Though nothing in the Constitution's text imposes a similar restriction on the federal government, the Court has construed the Fifth Amendment Due Process Clause as “contain[ing] an equal protection compon ...

Table of Cases
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Table of Cases Abington School Dist. v. Schemp, 374 U.S. 203 (1963) Abood v. Detroit Board of Educ., 431 U.S. 209 (1977) Abrams v. Johnson, 521 U.S. 74 (1997) Abrams v. United States, 250 U.S. 616 (1919) Adamson v. California, 332 U.S. 46 (1947) Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) Adickes v. Kress & Co., 398 U.S. 144 (1970) Adkins v. Children's Hosp., 261 U.S. 525 (1923) Agins v. City of Tiburon, 477 U.S. 255 (1980) Agostini v. Felton, 521 U.S. 203 (1997) Aguilar v. Felton, 473 U.S. 402 (1985) Allegheny Pittsburgh Coal Co. v. Webster County, 488 U.S. 336 (19 ...

Contents
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Contents Preface Acknowledgments Chapter 1 Introduction to Individual Rights §1.1 Introduction and Overview §1.2 The Fourteenth Amendment: An Introductory Overview The Text of Section 1 of the Fourteenth Amendment A Brief Historical Survey Early Judicial Trends in Construing the Fourteenth Amendment §1.3 The Incorporation Doctrine §1.4 The State Action Doctrine §1.4.1 The Categorical Approach ...

CAPSULE SUMMARY
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CAPSULE SUMMARY Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards:  There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. 1. Mere-rationality:  Of the three standards, the easiest one to satisfy is the “mere-rationality” standard. When the court applies this “mere- ...