PSC 2302 Lecture Notes - Lecture 13: Samuel Alito, Prohibition In The United States, Stephen Breyer
30 Oct 2020
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Document Summary
Jack miller and frank layton were transporting short barreled shotguns to cross state lines from. Majority opinion by justice mcreynolds: ruled that the national firearms act did not violate the 2nd amendment, and is constitutional, as the. Bureau can register certain kinds of weapons: this limited the types of weapons that individuals could have and own, but not all weapons. Insists that the test of the constitution does not lend itself towards and argument for an individual right to bear arms. Case forces the 2nd amendment protections to be considered at a higher level of scrutiny that those reserved for other rights. Background of the case: otis mcdonald, similar to heller, wanted to keep a handgun in his home, this was illegal under chicago laws. Majority opinion (5-4 vote) written by justice alito. Substantive due process clause of the 14th amendment: emphasizes that the right to bear arms comes out of the right to self-defense.
