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The Lord Is The Maker Of Them All
The Lord Is The Maker Of Them All
https://youtu.be/-pPQd9NqQf4
1. Second Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
2. “Prefatory Phrase”A well regulated Militia, being necessary to the security of a free State. - State has right to ensure a well regulated militia (civilians) to defend against Federal Government.
3. U.S. v Miller (Supreme Court, 1939)In the absence of any evidence tending to show that possession or use of a [sewed-off shotgun]…has some reasonable relationship to the preservation or efficiency of a well-regulated militia, we cannot say the Second Amendment guarantees the right to keep and bear such an instrument.
4. “Operative Phrase”The right of the people to keep and bear Arms, shall not be infringed.- The right belongs to the individual for self-defense, not just for the State to have a militia
5. District of Columbia v. Heller (Supreme Court, 2008)The right to bear arms has always been the distinctive privilege of freemen...The inherent right of self-defense has been central to the Second Amendment right…[and] the home [is] where the need for defense of self, family, and property is most acute.
6. 14th Amendment - ratified in 1868All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any Sate deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
7. Due Process Clause - State cannot deprive any person of life, liberty, or property without due process of law- Due process is “fundamental fairness” in the judicial process
8. Griswold v. Connecticut (Supreme Court, 1965)The concept of liberty protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights. My conclusion that the concept of liberty [embraces] the right of marital privacy though that right is not mentioned explicitly in the Constitution is supported by a number of decisions of this Court.
9. Dissent in GriswoldI think this is an uncommonly silly law. But we are not asked in this case to say whether we think this law is unwise, or even asinine. We are asked to hold that it violates the United States Constitution. And that I cannot do. I can find no such general right of privacy in the Bill of Rights, in any other part of the Constitution, or in any case ever before decided by this Court.
10. Justice Scalia on Abortion/Privacy as a 14th Amendment RightBut some of the liberties the Supreme Court has found to be protected by that word - liberty - nobody thought constituted a liberty when the 14th Amendment was adopted. Abortion? It was criminal in all the states.
11. Equal Protection ClauseNo State shall deny to any person within its jurisdiction the equal protection of the laws.
12. Classifications for Level of ScrutinyRational Basis - lowest level of scrutiny, government only needs to show “rational reason” for denying equal protection to particular groupe.g. Business closures
13. Classifications for Level of Scrutiny (cont’d)Intermediate Scrutiny - middle level of scrutiny, government needs to show “compelling reason” for denying equal protection to particular gr...
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By Faith and Victory ChurchThe Lord Is The Maker Of Them All
https://youtu.be/-pPQd9NqQf4
1. Second Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
2. “Prefatory Phrase”A well regulated Militia, being necessary to the security of a free State. - State has right to ensure a well regulated militia (civilians) to defend against Federal Government.
3. U.S. v Miller (Supreme Court, 1939)In the absence of any evidence tending to show that possession or use of a [sewed-off shotgun]…has some reasonable relationship to the preservation or efficiency of a well-regulated militia, we cannot say the Second Amendment guarantees the right to keep and bear such an instrument.
4. “Operative Phrase”The right of the people to keep and bear Arms, shall not be infringed.- The right belongs to the individual for self-defense, not just for the State to have a militia
5. District of Columbia v. Heller (Supreme Court, 2008)The right to bear arms has always been the distinctive privilege of freemen...The inherent right of self-defense has been central to the Second Amendment right…[and] the home [is] where the need for defense of self, family, and property is most acute.
6. 14th Amendment - ratified in 1868All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any Sate deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
7. Due Process Clause - State cannot deprive any person of life, liberty, or property without due process of law- Due process is “fundamental fairness” in the judicial process
8. Griswold v. Connecticut (Supreme Court, 1965)The concept of liberty protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights. My conclusion that the concept of liberty [embraces] the right of marital privacy though that right is not mentioned explicitly in the Constitution is supported by a number of decisions of this Court.
9. Dissent in GriswoldI think this is an uncommonly silly law. But we are not asked in this case to say whether we think this law is unwise, or even asinine. We are asked to hold that it violates the United States Constitution. And that I cannot do. I can find no such general right of privacy in the Bill of Rights, in any other part of the Constitution, or in any case ever before decided by this Court.
10. Justice Scalia on Abortion/Privacy as a 14th Amendment RightBut some of the liberties the Supreme Court has found to be protected by that word - liberty - nobody thought constituted a liberty when the 14th Amendment was adopted. Abortion? It was criminal in all the states.
11. Equal Protection ClauseNo State shall deny to any person within its jurisdiction the equal protection of the laws.
12. Classifications for Level of ScrutinyRational Basis - lowest level of scrutiny, government only needs to show “rational reason” for denying equal protection to particular groupe.g. Business closures
13. Classifications for Level of Scrutiny (cont’d)Intermediate Scrutiny - middle level of scrutiny, government needs to show “compelling reason” for denying equal protection to particular gr...