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Mcdonald V. Chicago. Fourteenth Amendment Incorporation, And Judicial Role Reversals, David T. Hardy

David T. Hardy

McDonald v. Chicago, which incorporated the Second Amendment right to arms, was the first Supreme Court ruling to address incorporation in many decades. It was an unusual ruling, in that the Court’s “conservative wing” took what had been traditionally the liberal approach, while its “liberal wing” suddenly became very conservative. Indeed, Justice Thomas staked out the most liberal position, while Justice Stevens staked out the most conservative one, and for good measure Justice Scalia found that precedent can trump originalism.

This article outlines the virtues, and problems, of the three major opinions in McDonald, and suggests solutions to some of …