Political Quotes

On the recordMarch 11, 2010
Mr. President, last week, the Supreme Court heard oral arguments in the McDonald v. City of Chicago case. Despite much of the rhetoric surrounding this case, McDonald v. Chicago isn't a case about gun control. It is a case about our constitutional, fundamental rights as Americans. Our freedoms in the Bill of Rights--including those of speech and religion and the press--are incorporated by the 14th amendment. They cannot be infringed upon by the states. The Supreme Court ruled on that issue long ago. The issue in McDonald is whether an individual's second amendment right to keep and bear arms must be protected against State infringement. The case follows the Court's landmark 2008 ruling in District of Columbia v. Heller. In Heller, the Court--for the first time--ruled that the second amendment protects an individual's right to keep and bear arms. There is precedent dating back more than 100 years that reaffirms that the second amendment applies only to the Federal Government. However, in 1873, the Court began to develop modern incorporation doctrine principles. These principles were used to determine if amendments apply to the States through the due process clause of the 14th amendment. The Court in McDonald is likely to use the modern incorporation doctrine, rather than simply uphold precedent from its previous second amendment cases. The Supreme Court in Duncan v.…
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Tom Udall
Democratic · New Mexico

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