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Dc V Heller Case Summary

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PHIL 4410: Philosophy of Law
November 9, 2017
Third Paper: Topic #1 In the case DC v. Heller the Supreme Court decided on whether or not a District of Columbia statute prohibiting keeping a handgun in the home was a violation of the second amendment. The Court decided that yes, this statute was unconstitutional with Scalia writing the majority opinion and Stevens writing the dissent. In his opinion, Scalia wrote that the right to bear arms was a protected individual right. I would like to argue that of the two Stevens has the better interpretation of the second amendment because It looks at the amendment as a whole rather than focusing on one part and ignoring the other. His decision can be rooted in his philosophy of interpretation, Textualism. With Textualism, the judge interpreted statutes based on their …show more content…
United States where a church contractor a pastor from England to come over even though this act violated a statute that made such a contract encouraging the “importation of any alien…under contract….made previous to the importation…to perform labor of any kind…” illegal (179). The court at the time decided that this law wasn’t intended to include pastors, but rather only manual workers. Scalia disagrees with this decision, he says its wrong because they, “Failed to follow the text. The text is law, and it is the text that must be observed,” (180). Scalia is also a proponent of Originalism, this means that Judges should interpret the constitution by looking to its original meaning, as opposed to the theory of a “living constitution” which states that our interpretation of the constitution should change with the times in order to best suit the needs of the modern day community. The living constitution theory gives too much power to the judges and is thus undemocratic. Scalia believes that this could lead to judges rewriting laws and the only ones who should be writing and rewriting laws are

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