July 02, 2010
On June 28, 2010, the Supreme Court announced its decision in McDonald v. City of Chicago. The question in this case was whether the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment makes the right to keep and bear arms applicable to the States.
In an opinion delivered by Justice Alito, the Court held 5 to 4 that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense, which the Court recognized in District of Columbia v. Heller, applicable to the States. Four Justices based this ruling on the Fourteenth Amendment's Due Process Clause. Justice Thomas agreed with the holding, but based his opinion on the Fourteenth Amendment's Privileges or Immunities Clause.
To discuss the case, we have Northwestern University School of Law Professor Steven G. Calabresi.