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The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
So that not one man in five hundred can keep a gun in his house without being subject to a penalty. In footnotes 40 and 41 of the Commentaries, Tucker stated that the right to bear arms under the Second Amendment was not subject to the restrictions that were part of English law: "The right of the people to keep and bear arms shall not be ...
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught in flagrante delicto. "Smoking gun" refers to the strongest kind of circumstantial evidence , as opposed to direct evidence .
The phrase "constitutional carry" reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms. [7] [8] The U.S. Supreme Court had never extensively interpreted the Second Amendment until the landmark case District of Columbia v.
The Supreme Court has backed gun rights in cases directly addressing the scope of the Second Amendment, including the 2022 ruling that found there is a right to carry a handgun outside the home.
Because in both Bailey's and Robinson's cases the gun was sufficiently accessible and proximate to the drugs that the jury could have concluded that the gun was there to protect the drugs. The Supreme Court agreed to review the case to resolve a split of authority among the federal courts of appeals about the meaning of the word "use" in § 924(c).
Pundits and partisans are speculating about how Trump’s victory could affect the court’s composition. Here are a few scenarios.