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McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark [1] decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states.
McDonald v. Board of Election Commissioners of Chicago, 394 U.S. 802 (1969), [1] was a unanimous decision by the Supreme Court of the United States that an Illinois law that denied absentee ballots to inmates awaiting trial did not violate their constitutional rights under the Fourteenth Amendment.
Two years later, in McDonald v. City of Chicago, 561 U.S. 742, ___, 130 S. Ct. 3020, 3050 (2010), the Supreme Court held that the second amendment right recognized in Heller is applicable to the states through the due process clause of the fourteenth amendment.
In the 2010 case of McDonald v. Chicago, the Court applied incorporation doctrine to extend the Second Amendment's protections nationwide The people's right to have their own arms for their defense is described in the philosophical and political writings of Aristotle, Cicero, John Locke, Machiavelli, the English Whigs and others.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The most recent amendment completely incorporated as fundamental was the Second Amendment right to keep and bear arms for personal self-defense, in McDonald v Chicago, handed down in 2010 and the Eighth Amendment's restrictions on excessive fines in Timbs v. Indiana in 2019. Not all clauses of all amendments have been incorporated.
When the Court interpreted the Fourteenth Amendment in McDonald v. City of Chicago (2010), it looked to the year 1868, when the amendment was ratified and said that most states had provisions in their constitutions explicitly protecting this right. The Court concluded: "It is clear that the Framers and ratifiers of the Fourteenth Amendment ...
Presser v. Illinois, 116 U.S. 252 (1886), was a landmark decision of the Supreme Court of the United States that held, "Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States."