Analysis of D.C. v. Heller and New York State Rifle Case

What was the main question in D.C. v. Heller regarding the Second Amendment?

Whether the right to 'keep and bear arms' is an individual right or a collective right for state-regulated militias.

What did the Supreme Court rule regarding D.C. law in D.C. v. Heller?

The Court viewed D.C. law as unconstitutional, stating it made it impossible for citizens to use arms for self-defense.

What are some lawful bans on firearms as identified in D.C. v. Heller?

Prohibiting concealed carry, gun possession by felons or mentally ill, carrying firearms in sensitive places, and regulating firearm storage.

What is the Operative Clause of the Second Amendment according to the majority reasoning in D.C. v. Heller?

The right of the people to keep and bear arms is controlling.

What does the Prefatory Clause of the Second Amendment refer to?

It refers to a well-regulated militia as necessary for the security of a free state.

How did the Court interpret the Second Amendment in relation to Miller?

The Court did not hold that guns were only for military use, indicating a broader interpretation.

What limitations on the right to keep and bear arms did the Court acknowledge?

The right is not unlimited and can be regulated, particularly regarding dangerous and unusual weapons.

What standard did the Court reject in determining the right to keep and bear arms?

The Court rejected the rational basis standard and the interest-balancing approach.

What was the outcome of McDonald v. Chicago (2010) regarding the Second Amendment?

It incorporated the Second Amendment right to the states.

What was the main question in New York State Rifle & Pistol Assn. v. Bruen?

Whether NY's law requiring applicants for concealed-carry licenses to demonstrate a special need for self-defense violates the Second Amendment.

What conclusion did the Court reach in Bruen regarding the proper-cause requirement?

The proper-cause requirement violated the Fourteenth Amendment.

What did the Court state about gun restrictions in Bruen?

Gun restrictions are constitutional only if there is a tradition of regulation in U.S. history.

What is the significance of the phrase 'when the Second Amendment's plain text covers an individual's conduct' in Bruen?

It implies that the Constitution presumptively protects that conduct unless the government can justify its regulation.

What does the term 'sensitive places' refer to in the context of Bruen?

It refers to locations where gun restrictions may be appropriate, but the Court ruled that Manhattan is not a sensitive place.

What is the difference between 'may-issue' and 'shall-issue' concealed carry laws?

'May-issue' laws give authorities discretion to deny licenses, while 'shall-issue' laws require licenses to be granted if applicants meet objective criteria.

What did Bruen imply about the level of scrutiny for Second Amendment cases?

It implied a strict scrutiny standard, requiring the government to justify regulations based on historical tradition.

How does Scalia interpret the prefatory clause in D.C. v. Heller?

He argues that it does not constrain the operative clause, allowing individual citizens to enjoy the right to keep and bear arms.

What was the original draft of the Second Amendment missing according to the notes?

Madison's original draft did not include the prefatory clause.

What was the outcome of U.S. v. Miller regarding the Second Amendment?

The Court ruled that the Second Amendment did not protect the right to possess a sawed-off shotgun, as it was not related to a well-regulated militia.

What are the two types of originalism discussed in the notes?

Original intent and original public meaning.

What does original intent refer to?

It refers to what the founders meant the words to convey and their intent when writing them.

What is original public meaning?

It refers to what the provision meant to the people living at the time of its ratification.

How does Scalia's interpretation in Heller relate to textualism?

Scalia emphasizes following the words on the page, suggesting that underlying meanings do not change.

What is the opposite of originalism as described in the notes?

Living Constitutionalism, where justices expand the meaning of the Constitution.