Justice Antonin Scalia Research Paper

The following critical analysis of the Essay, “The Second Amendment and the Right to Bear Arms” by Lee Professor of Law at William and Mary Law School, William Van Alstyne, is intended to highlight a few of the different short-comings and argumentative fallacies presented by even the most legally astute individuals who oppose forms of gun control. While the author does present a multi-facet and well-orchestrated presentation of fact and principle, there are two essential claims being asserted on his part. The author’s intent is to demonstrate the importance of gun right protection and to justify the NRA’s practices in the name of doing so. In my dissection of the essay, I intend to demonstrate the argumentative fallacies and examine the ways in which the NRA is generally harmful to the progression of gun control reform, and therefore public safety in the United

The late 1700s and early 1800s was a critical time period in American history in which our newly independent nation was beginning to lay down the groundwork for how the country would run. During this time, America was in its infancy and its crucial first steps would dictate how the nation would either walk, run, or retreat. John Marshall, the fourth Chief Justice of the Unites States, was a highly important and influential political figure whose decisions forever molded the future of the American judicial system. Like many other great political figures, much of John Marshall’s influence can be attributed to timing; he emerged just as the United States Constitution came into existence.

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

The Second Amendment of the US Constitution protects individual gun ownership. The Second Amendment of the US Constitution reads, "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." Gun ownership is an American tradition older than the country itself and is protected by the Second Amendment; more gun control laws would infringe upon the right to bear arms. Justice Antonin Scalia, LLB, in the June 26, 2008 District of Columbia et al. v. Heller US Supreme Court majority opinion syllabus stated, "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." The McDonald v. City of Chicago (2010) ruling also stated that the Second Amendment is an individual right. Lawrence Hunter, Chairman of Revolution PAC, stated, "The Founders understood that the right to own and bear laws is as fundamental and as essential to maintaining liberty as are the rights of free speech, a free press, freedom of religion and the other protections against government encroachments on liberty delineated in the Bill of Rights."

Based on the research of Justice Alito, he was appointed by former president Gorge W. Bush as one of the Supreme Court Justices on January 31, 2006 and is currently a Republican Party federal justice. His approaches to things are very unpredictable and distinctive from what he is viewed as. However, his conservative standpoint is still a part of his image. This paper will include: the background of the justice, the judicial philosophy he approaches, and his opinion on a dispute.

​In his book ‘Gunfight: The Battle over the Right to Bear Arms in America,’ Wrinkler tried to present an unbiased view towards the second amendment in the light of historical events and landmark cases that has tried to challenge or obtain the court’s interpretation. One of such cases is the ‘District of Columbia v. Heller’ case, which was argued and decided in 2008 (Supreme Court of the United States). For several instances, the provision in the Second Amendment that pertains to the right of an individual to bear arms has been contested. In fact, the clause, which states that “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”, is perhaps the most misconstrued clause in the American constitution (Supreme Court of the United States). Adding to the significance of this highly debatable clause is the fact that a flurry of gun related incidences has happened in the United States in the past that has taken many lives including that of children. Among the most significant authors that has attempted to answer the question or at least laid out the possibilities regarding the second amendment is Adam Wrinkler. In light of Winkler’s arguments as well as with other sources, this paper will examine the historical

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

On June 28, 2012, The Supreme Court ruled the Federal Government does not have the constitutional right to sanction an individual to buy health insurance, but declared that the states do have the right to place a tax on citizens that do not carry insurance. This ruling is in response to President Obama’s Patient Protection and Healthcare Act of 2010. Passed on March 23, 2010, President Obama’s Reform Act mandates Texas, as well as the nation, to provide Medicaid funding to all individuals that are uninsured by 2014. As well as expanding Medicaid, it will provide exchanges, which are pools of insurance companies a previously uninsured person can pick

John Marshall is an American patriot who climbed to success through hard-work, determination, and a strong will to protect the constitution of The United States of America. He held many prominent places in American government as well as on front lines of the army defending freedom. John Marshall became the fourth Supreme Court justice for three whole decades, issuing major verdicts on cases that helped to develop, limit, and divide government power.

The current Supreme Court membership is comprised of nine Supreme Court Justices. One of which is the Chief Justice and the other eight are the Associate Justices. The Justices are Chief Justice John Roberts, Jr., and Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel Anthony Alito, Jr.

Heller, the court ruled that “the Second Amendment protects a pre-existing individual right to keep and bear arms…including, ‘the individual right to possess and carry weapons in case of confrontation’” (National Rifle Association, 2011 par 4). Although the Constitution gives individuals the right to bear arms, it does not exclude “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places…or laws imposing conditions and qualifications on the commercial sale of firearms,” (Romano & Wingert, 2011 par 13). In recent years here has been much discussion among the nation’s lawmakers and their constituents as to whether or not the Second Amendment is still constitutional; the question is whether or not the Second Amendment should be revised, to prohibit the sale of firearms to those who do not meet certain conditions and qualifications, or even removed from the constitution. According to a national survey of 1,005 high school students, conducted by Vittes, Sorrenson and Gilbert, “63.7 percent of high school students believe that regulating the sale of guns does not violate the constitution” (2003, pg 12). In the same survey, 64.6 percent responded that they would support stricter laws addressing the sale of firearms, and 82.2 percent of those surveyed, believe that the government should make and enforce laws making it more difficult for

Samuel Adams once said “The militia is composed of free citizens”. Other supporters contend that the term militia was “interchangeable with the terms ‘citizenry’ or ‘people’ at the time the Second Amendment was written… it stands to reason that militia referred broadly to all men of voting age” (The Strange Syntax of the Second Amendment). In the 2008 case of District of Columbia vs. Heller, the right to bear arms was upheld by Supreme Court Justice Antonin Scalia. Scalia ruled stating “although the term implies the carrying of a weapon in order to attack or defend oneself from an attack, it in no way connotes participation in a structured military organization” (Syntax).

Throughout the history of the United States, the decisions made by leaders of the past have become precedents for the rest of us throughout history and even now in the present. The United States in its most juvenile state was vulnerable to both the outside world and its own internal obstacles. The fourth Supreme Court Justice, John Marshall stood as a paradigm to the rest of the nation setting new precedents for the nation that would hold their power throughout history thus far. Chief Justice John Marshall existed as one of the most pivotal characters in history because his Supreme Court rulings developed new standards involving national supremacy over state’s rights, the roles of the Supreme Court and Congress, and the Constitutional roots

In 2012 the Supreme Court resolved a case where Florida sued the Federal Government over the constitutionality of the Affordable Care Act. Florida believed the Federal Government had overstepped its allocated powers granted to it by the constitution. Specifically article 1, section 8, known as the Spending Clause, which gave the government the power to grant money to the states and tell the states what to do with said money (Jefferson, 1787, p. 25). Florida’s issue arose in the fact that the Affordable Care Act provided no additional funding and the government has no right to tell the states how to spend their own wealth.

Heller was a police officer and applied for a permit to keep a handgun and his home and that application was denied by the police chief so Mr. Heller filed a lawsuit against the District of Columbia. He stated that his second amendment rights were violated because he had the right to bear arms and he should be able to keep a weapon in his home without having to get a permit. The district court dismissed Mr. Heller's case but the Court of Appeals agreed with Mr. Heller and said the second amendment allows him to use a firearm to protect himself in his home for the purpose of self-defense and that the District of Columbia's law violated his rights. The final decision of the case was 5 to 4 with the majority of the opinion coming from Justice Antonin Scalia this case was decided in favor of Mr. Heller and the second amendment on June 26, 2008. This means that citizens living in Washington DC will be able to have firearms in their home to protect themselves this case will be looked at many times over in the years to come because every time we have a shooting it all boils down to gun rights. It's always the law-abiding citizen that has to go through more scrutiny because someone got a gun that they shouldn't have in the first place so the answer is more background tracks and restrictions on buying