Chapter 9

Chapter 9 - Chapter 9 WOD District of Columbia v Heller...

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Chapter 9 WOD: District of Columbia v. Heller: Restrictions on who or who could not get a gun Freedom to bear arms in this case, -Supreme Court held that the second amendment protects an individual right to keep and bear arms -Handguns are “arms” and therefore cannot be banned -But can be subject to reasonable restrictions Huge shift in what our second amendment means and how it should be interpreted Setting the stage for judicial review: -as the fed Setting the stage: According to Jefferson: Stuart v. Laird: On March 2, 1803 Marbury v. Madison: In a separate case - writ of mandamus - Judicial review Three eras of the court: Trends in judicial activism coincide Nation versus State: Unresolved jurisdictional boundaries McCulloch v. Maryland: Marshall and his court maintained that the national… Shift to the states’ rights doctrine: Marshall dies in 1835 Regulating the national economy: The major issue during the second district era Primacy of property rights By the late nineteenth century a constitutional tradition
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Regulating the National Economy: The crash of 1929 WOD 2/23/10: Citizens United v FEC - U.S. supreme court held that the govt may not limit corporate independent expenditures - First amendment protectes political speech, even from a disvavored “speaker”, like corporations. - It was a 5-4 decision - Important because an illusion of breaking with precedent; yet another 5-4 decision in recent times Chapter 9: The Federal Judiciary (from The Logic of American Politics ) • By 1800 our national leaders had divided into two warring camps: – The ruling Federalist Party, led by John Adams and Alexander Hamilton. – The Democratic-Republican opposition, led by Thomas Jefferson and James Madison. – Had been allies; now were enemies. – Each believed the future of the Republic rested on its party’s victory in the presidential election of 1800. • As the election neared, a Jefferson victory for the presidency seemed imminent. – Result: Jefferson won the Electoral College vote and took control of Congress. – A quirk in the process required the result to go into the House of Representatives. • During this time there was discussion as to what the Federalists would do. – In the end the Federalist Congress ratified the nation’s choice. – Jefferson became the third president of the United States. – But the Federalists had a fallback strategy -- the courts. • As the Federalists prepared to leave office, they passed the Judiciary Act of 1801. – Sharply increased the number of district and appeals courts. – Created new judgeships for Federalists. – Also, President Adams nominated and the Senate quickly confirmed outgoing secretary of state John Marshall as the new chief justice. • According to Jefferson and his supporters, the Federalists had:
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Chapter 9 - Chapter 9 WOD District of Columbia v Heller...

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