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Mcdonald V. Chicago, The Fourteenth Amendment, The Right To Bear Arms And The Right Of Self-Defense, Richard L. Aynes
Mcdonald V. Chicago, The Fourteenth Amendment, The Right To Bear Arms And The Right Of Self-Defense, Richard L. Aynes
Richard L. Aynes
The Supreme Court of the United States has granted certiorari in the case of McDonald v. City of Chicago to consider this question: "Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses." This case follows and seeks to build upon District of Columbia v. Heller which held that the Second Amendment protects both the right to self-defense and what has been termed an individual right to bear arms. Of course, Heller’s application is limited to the federal government and has no direct …
Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes
Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes
Richard L. Aynes
This article traces, in broad strokes, the history of the disputes about whether or not the Bill of Rights can be enforced against the states. It begins with pre-Fourteenth Amendment claims and recounts the actions of the 39th Congress: The Freedman’s Bureau, the Civil Rights Act of 1866, and the Fourteenth Amendment. Several speeches on the Amendment from the Congressional elections of 1866 are utilized, including those of Section 1 author John Bingham, Congressmen Columbus Delano, Rutherford B. Hayes, James Wilson, James Garfield, and Senator John Sherman, as well as Democrats who participated in what has been termed the most …
Ink Blot Or Not: The Meaning Of Privileges And/Or Immunities, Richard Aynes
Ink Blot Or Not: The Meaning Of Privileges And/Or Immunities, Richard Aynes
Richard L. Aynes
This article examines the meaning of the terms privileges and immunities as used in Article IV of the U.S. Constitution and the Fourteenth Amendment. It begins by tracing the American use of the terms to April 10, 1606 in the first Charter of Virginia. Building upon the work of other scholars and citing original documents, it concludes that these words has a well-established meaning as “rights” well before the Fourteenth Amendment was adopted. The article notes that in Justice Miller’s decision in the Slaughter-House Cases he refers to the privileges and immunities of Corfield v. Coryell as “those rights which …
39th Congress (1865-1867) And The 14th Amendment: Some Preliminary Perspectives, Richard Aynes
39th Congress (1865-1867) And The 14th Amendment: Some Preliminary Perspectives, Richard Aynes
Richard L. Aynes
The 39th Congress (1865-1867) was one of the important Congresses in our history. It passed more legislation than any other Congress up to that time. This preliminary examination of the 39th Congress begins with a look it composition. One of the critical factors was that while the 38th Congress contained a majority of unionists, the 39th Congress contained a super-majority which meant not only that they could override a Presidential veto, but also that they did not need to take the Democratic opposition seriously. This article also identifies the leadership of the 39th Congress. The 38th Congress was composed of …