Fri Feb 1, 2013, 09:48 PM
Tx4obama (36,974 posts)
LIST: A few landmark U.S. Supreme Court cases that are relevant to current issues discussed
Brown v. Entertainment Merchants Association, 564 U.S. 08-1448 (2011), video games are protected forms of media speech and states may not ban the sale of them to minors.
Edwards v. Aguillard, 482 U.S. 578 (1987) Teaching creationism in public schools is unconstitutional.
Second Amendment rights
The right of the people to keep and bear arms
District of Columbia v. Heller 554 U.S. 570 (2008) Ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
McDonald v. Chicago (2010) Ruled that The Second Amendment right to keep and bear arms for self defense is fully applicable to the states through the Fourteenth Amendment.
Legality of targeted firearms prohibition
United States v. Miller 307 U.S. 174 (1939) Held that a sawed-off shotgun did not constitute a weapon suitable for militia use, and therefore verified the constitutional integrity of the National Firearms Act. Prior to Heller, Miller was the primary legislation covering the individual right to bear arms, and its more conservative interpretation of individual rights (in the context of the militia) was the primary jurisprudential basis for subsequent legislation outlawing specific weapon types. The National Assault Weapons Act of 1993, especially, was dependent on Miller, and the future of such legislation in the context of Heller is yet to be determined.
A long LIST of many more landmark decisions here: http://en.wikipedia.org/wiki/List_of_landmark_court_decisions_in_the_United_States
A great page to peruse
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LIST: A few landmark U.S. Supreme Court cases that are relevant to current issues discussed (Original post)
|Warren Stupidity||Feb 2013||#2|
Response to Tx4obama (Original post)
Fri Feb 1, 2013, 10:08 PM
pipoman (16,038 posts)
1. Something which must always be remembered
about Miller is that by the time Miller made it to SCOTUS, he was dead. Nobody appeared for Miller. When this happens in the context of the courts, the courts hand down a decision based on the evidence presented..no evidence presented in rebuttal of the evidence presented by the US Government and the finding will be heavily weighted toward the government's position..
Another interesting piece which came from Miller is the standard for restricting ownership of certain firearms beyond the laws which regulate all firearms is, "in common use for lawful purposes". This standard was used in both Heller and McDonald. It may be a tough sell to make the case that AR15 rifles are not "in common use for lawful purposes". Further, had Miller been there to make his case, he possibly could have shown that sawn off shotguns were in fact in common use for lawful purposes at the time.
It is hard to bank too heavily on the Miller decision since it was uncontested...however precedence repeated in other cases becomes much more difficult to overturn.