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Editing Constitutional Law Chemerinsky/Outline I
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**o The federal law or state action must be drawn into question on grounds that it is repugnant to the constitution, treaties and laws of the United States. | **o The federal law or state action must be drawn into question on grounds that it is repugnant to the constitution, treaties and laws of the United States. | ||
**o The decision of the state court must be against the validity of the federal law or in favor of the validity of the state action, or its construction of a federal law must be against a privilege or right under the federal law. | **o The decision of the state court must be against the validity of the federal law or in favor of the validity of the state action, or its construction of a federal law must be against a privilege or right under the federal law. | ||
*'''''District of Columbia v. Heller''''' (2008) [Page 13] | |||
[Page 13] | |||
**o TOPIC: Limitations on JR. Interpretative limits: clauses in a Const. Amend. must be read together | **o TOPIC: Limitations on JR. Interpretative limits: clauses in a Const. Amend. must be read together | ||
**o FACTS: District of Columbia (D) ordinances essentially prohibited the possession of handguns. In addition, no person could carry a handgun without a license, but the Chief of Police was authorized to issue licenses for one-year periods. Guns kept in a person’s home were required to be stored in a way that made them inoperable. Heller (P) was a District of Columbia special police officer. He was authorized to carry a handgun while on duty at the Federal Judicial Center. Heller (P) applied to register a handgun to keep at home, but the District (D) refused. Heller (P) then filed suit in the district court seeking to enjoin the District (D) from enforcing its gun laws on Second Amendment grounds. | **o FACTS: District of Columbia (D) ordinances essentially prohibited the possession of handguns. In addition, no person could carry a handgun without a license, but the Chief of Police was authorized to issue licenses for one-year periods. Guns kept in a person’s home were required to be stored in a way that made them inoperable. Heller (P) was a District of Columbia special police officer. He was authorized to carry a handgun while on duty at the Federal Judicial Center. Heller (P) applied to register a handgun to keep at home, but the District (D) refused. Heller (P) then filed suit in the district court seeking to enjoin the District (D) from enforcing its gun laws on Second Amendment grounds. |