Analyzing Civil Liberties: The District of Columbia v. Heller Case

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This case study provides an in-depth analysis of civil liberties, focusing on the landmark case District of Columbia v. Heller. It explores the role of the Supreme Court in safeguarding civil liberties, particularly concerning the Second Amendment and the right to bear arms. The study examines the historical context, the arguments presented, and the Supreme Court's ruling, emphasizing the significance of self-defense and the limitations on firearm regulations. It also touches upon the Bill of Rights and its impact on individual freedoms. The report concludes that the Supreme Court has made significant efforts to enhance the importance of civil liberties by providing equal rights to all citizens. Desklib offers additional resources, including similar case studies and solved assignments, for students seeking to deepen their understanding of law and civil liberties.
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CIVIL LIBERTIES
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TABLE OF CONTENTS
Introduction
Civil Liberties
Role of Supreme Court
Case Law : District of Columbia v. Heller
Civil Liberty Address in the Case
Importance of Ruling
Manner case moved from lower to Supreme Court.
Rights Granted to Supreme Court to Rule on Case
Conclusion
References
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INTRODUCTION
Supreme Court has made efficient efforts
to curb the violations of civil liberties to
citizens by the constitution of US and for
same it has enhanced the power of
federal authorities tool. Present report
emphasizes on assessment relating to
civil liberties and role of Supreme court in
upholding them. In order to analyze the
same in detail, an in-depth assessment of
case study District of Columbia v. Heller
has been also discussed in detail manner.
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CIVIL LIBERTIES
Safeguards against the activities of government
bodies.
Right to practice religion of individual desire.
No role of government in individual’s freedom.
After the first amendment individuals got freedom
from activities of government.
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Grounds on which decision are made relating to
civil liberties :
Decisions of American Civil liberties are based
on Bill of Rights.
Bill of Rights are categorised into:
Freedom
Rights ensured in First Amendment
It provides provision relating to crime and
appropriate procedure.
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Available civil liberties
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Role of Supreme Court
Nationalize civil liberties.
Act as effective protector of Civil Liberties.
Enhancing the power of civil liberty through
judicial revolutions.
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The manner in which Supreme Court has influenced
the significance of Civil Liberties
Improvement in civil liberties and rights is
main aim of court.
People nowadays are more aware of their
civil liberties and rights.
Change has taken place after the courts
decided to support New Deal 1937.
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Continue….
Decision of case law: United States v. Carolene
Products Co. (1938) relating to sceptical of
regulation which discriminated against
minorities like African Americans.
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Powers available with Supreme Court relating to
civil liberties
Supreme Court might extend the list of key liberties.
Central security can be enhanced by court.
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Case Law : District of Columbia v.
Heller
It is considered as landmark case.
Second Amendment prevents right’s to
carry weapons, embraced by Supreme
Court.
First in-depth examination case of second
amendment.
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Amendment From The Bill of Right specified in
case:
Enhancement in awareness relating to significance
of Bill of Rights.
Person’s right of possessing firearms should not be
breached.
Rights should be obeyed sincerely.
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CIVIL LIBERTY ADDRESS IN CASE
Right of Second amendment was not absolute .
The same protected right of individual to keep and carry
arms.
The basis behind same was application of concept of right
of self defence.
Liberty relating to equal benefit of all laws and proceeding
to all the citizens which comprises: personal security, right of
enjoyment etc.
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CIVIL LIBERTY ADDRESS IN
CASE
Support in prohibition of perilous and unusual
armaments.
List of presumptively official measures are
specified.
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IMPORTANCE OF RULING
The first in-depth examination was exercised by
Supreme Court.
Second amendment secures the right of individual
of carrying weapons.
Specified the significance of concept of self
defence.
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Continue…..
Court embraced that ban of weapons is breach
of second amendment.
Main holding of case is second amendment is
joined with self-defense.
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LOWER COURT RULING
Regulations of firearms must be examined in the
same way laws of property in constitutional.
Inappropriate reading of constitution.
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RIGHTS GRANTED TO
SUPREME COURT TO RULE
ON THE CASE
Right to keep arms for self-defence.
Right to attain equal benefits for Allowing the
mad men running along with firearms would be
incorrect.
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CONCLUSION
It can be concluded from above
discussion that Supreme Court has made
efficient effort to enhancing the
significance of civil liberties. The main
emphasis has been made by court to
provide equal right to all the people so
that they can enjoy the available civil
liberties equally.
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REFERENCES
Baum, L. (2018). The supreme court. Cq Press.
Berkin, C. (2015). The Bill of Rights: The Fight to Secure America's Liberties. Simon and
Schuster.
Cogan, N. H. (2015). The complete Bill of Rights: The drafts, debates, sources, and origins.
Oxford University Press.
Domino, J. C. (2017). Civil Rights & Liberties in the 21st Century. Routledge.
Donohue, W. A. (2017). The Politics of the American Civil Liberties Union. Routledge.
Epstein, L., & Walker, T. G. (2018). Constitutional law for a changing America: Rights, liberties,
and justice. CQ press.
House, F. (2014). Freedom in the world 2014: The annual survey of political rights and civil
liberties. Rowman & Littlefield.
Jones, A. L., & Randazzo, K. A. (2017). 250 District of Columbia v. Heller (2008). Encyclopedia
of American Civil Rights and Liberties: Revised and Expanded Edition, [4 volumes], 249.
MacDonald, A. (2015). A Legal Analysis of the University of Maine’s Ban on Firearms
Following District of Columbia v. Heller. The Cohen Journal, 1(1), 2.
Mason, A. T., & Stephenson Jr, D. G. (2017). American constitutional law: introductory essays
and selected cases. Routledge.
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McCloskey, R. G., & Levinson, S. (2016). The American supreme court. University of
Chicago Press.
Pacelle, R. (2018). The role of the Supreme Court in American politics: The least dangerous
branch. Routledge.
Pik, P. (2016). People’s right to keep and bear arms: Arguments on the meaning of the Second
Amendment to the US Constitution in District of Columbia v. Heller. Journal of Language
and Politics, 15(2), 173-192.
Rossum, R. A. (2016). Antonin Scalia's jurisprudence: Text and tradition. University Press of
Kansas.
Rossum, R. A. (2018). American Constitutional Law, Volume II: The Bill of Rights and
Subsequent Amendments. Routledge.
Stone, G. R., Seidman, L. M., Sunstein, C. R., & Tushnet, M. V. (2016). The First Amendment.
Wolters Kluwer Law & Business.
Sullivan, H. J. (2015). Civil Rights and liberties: Provocative questions and evolving answers.
Routledge.
Wilson, J. Q., DiIulio Jr, J. J., Bose, M., & Levendusky, M. S. (2018). American government:
Institutions and policies. Cengage Learning.
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THANK YOU
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