Lemon V. Kurtzman Case Summary

Fast forward to the modern day, the second amendment gives homeowners the right to own and use a weapon to defend themselves. This was determined by the Supreme Court in DC v Heller. There are many advocates both for and against the Supreme Court’s interpretation of the second amendment. Steven Crowder brought Howard Stern’s view to light (Steven Crowder, Apr. 2016). Howard Stern believes that guns are the great equalizer, meaning

Heller, the Supreme Court ruled that the Second Amendment protects an individual’s right to possess a firearm to use for lawful purposes, such as defending oneself within their home/property. The court case ruled that the Amendment was not connected to service in a militia (Constitution). Handgun possession is banned under District of Columbia law. This law prohibits the registration of handguns and makes it a crime to carry an unregistered firearm; additionally, all lawfully owned firearms must be kept unloaded and dissembled or bound by a trigger lock unless they are being used for lawful recreational activities or located in a place of business.

In June of 2008, the US Supreme Court ruled in the case of DC vs Heller and upheld an individual rights interpretation (regardless of militia service, an individual has a Constitutional right to own a gun). The Court stated that the right could be limited: "There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited… Thus we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose." [1] [3] Lawrence Hunter, Chairman of Revolution Policy Action Committee, 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." [52] Further rights of individualism looks at gun control laws such as background checks, are an invasion of privacy. Many opposers to gun control believe that changes would result in the government taking away all guns from United States citizens by giving them too much

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."

The Lemon Test, which was created in a case called Lemon V. Kurtzman, consists of three “prongs” (Speich 275). They are that “governmental action be supported by a secular purpose, that it not have the principal or primary effect of advancing or inhibiting religion, and that it ‘not foster “an excessive governmental entanglement with religion.”’” (qtd. in Conkle). In other words, the first “prong” requires the court to question the intent of the government or group in charge of creating the policy; the second prong asks the court to determine the result of the policy and its effects on religion, and the last “prong” asks the court to not complicate the dynamic of the church and the state (Speich 275). The Endorsement test is used after the first two prongs of the lemon test have been verified. First occurring in Lynch V. Donnelly, the Endorsement test states that the “government cannot endorse, favor, promote, or prefer any religious belief or practice” (Speich 277). The test asks the judges if the policy in question merely looks like it endorses religion. The Coercion test, which is sometimes used instead of the lemon test such as in Lee v. Weisman case, asks if the policy tricks members of the minority or “dissenting” religion into participating (Schweitzer; Speich 278).

To summarize this case, according to Oyez,” Dick Anthony Heller was a D.C. special police officer who was authorized to carry a handgun while on duty. He applied for a one-year license for a handgun he wished to keep at home, but his application was denied. Heller sued the District of Columbia. He sought an injunction against the enforcement of the relevant

In this case, Dick Heller, a police officer, authorized to carry a handgun while on duty wanted a handgun to own and keep at his home. The District of Columbia refused so Dick Heller filed a lawsuit in the Federal District Court in the District of Columbia, which eventually also went to the Supreme Court. In June 2008, the Supreme Court, in a 5-4 decision, determined the provisions of the Firearms Control Regulation Act of 1975 as unconstitutional. They stated that “handguns or arms for the purpose of self-defense do not have to be trigger locked”.

The Establishment Clause guarantees the separation of church and government. Christian Theism is the default state doctrinal religion. As opposed to being something to fear , it was believed to be vital to the success of our government. Consequently, framers feared a state denominational religion not a state doctrinal religion. The Supreme Court established various tests to assess the constitutionality of laws that happened before it. The Lemon Test, has three parts addressing purpose, effect, and involvement. To pass the test, government action must be used only for a secular purpose; cannot promote neither prohibit a specific religion. As well as to not substantially involve government in religious matters. Failure on any one of the three

District of Columbia v. Heller is a court case that occurred through the years of 2007 through 2008. The reason of the occurrence of this court case is because Dick Anthony Heller was a special police officer in D.C.. He was authorized to carry a handgun on duty but not off duty because of D.C.’s policy on firearms. D.C. made it illegal to carry unregistered firearms and prohibited the registration of handguns. However the Chief of Police could issue a one year license to carry a handgun.

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

This topic has been debated in “town-hall” debates, local municipalities, and even as far up as the Supreme Court. The United States Supreme Court refused to rule one way or another for a long period of time. Eventually in 2008, the court decided to make a landmark decision on a case that was referred to it through the normal channel of appeals. On March 18, 2008, the Supreme Court heard arguments for the case of “DISTRICT OF COLUMBIA v. HELLER (No. 07-290)” (Court, 2008). The case centered around Dick Heller, a DC Special Police Officer. Heller had wanted to own and register a handgun at his residence for personal protection, and sought to obtain a license from the District of Columbia, where he resides. At the time, “The District of Columbia generally prohibited the possession of handguns. It was a crime to carry an unregistered firearm, and the registration of handguns was prohibited. See D. C. Code §§7–2501.01(12), 7–2502.01(a), 7–2502.02(a)(4) (2001). Wholly apart from that prohibition, no person may carry a handgun without a license, but the chief of police may issue licenses for 1-year periods. See §§22–4504(a), 22–4506. District of Columbia law also requires residents to keep their lawfully owned firearms, such as registered long guns, “unloaded and dissembled or bound by a trigger lock or similar device” unless they are located in a place of business or are being used for lawful recreational activities. See §7–2507.02” (States, 1789).

The Lemon test refers to the case Lemon vs. Kurtzman, which took place in 1971. The case was heard with two other cases involving religion and education, with the main issue being financial support for teacher salaries that were part of parochial schools. State financial aid was being awarded to non-public schools that were teaching religion, which created unsettlement (https://www.oyez.org/cases/1970/89.) The establishment clause was intended to prevent government involvement or support of religion.

The United States is in a controversy of whether or not the Second Amendment is protecting our country or killing it. The United States owns approximately 250 million guns, nearly one for each citizen, and grows about 7 million each year. Experts believe that the Second Amendment in the Constitution is rational and legal, author of, Handgun Prohibition and the Original Meaning of the Second Amendment Don B. Kates states that the “Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home; however, they do not say that you can go around shooting people and claiming that you are

The Second Amendment of the United States 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.” The constitution is clearly saying all citizens have the right to be able to own and carry a weapon or firearm. On June 26, 2008, in District of Columbia v. Heller, the United States Supreme Court held in a 5-4 decision that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves (Cornell 1). This is showing how our founding fathers supported the right to bear arms.

Gun control infringes on the Second Amendment right of the American people.  The Second Amendment 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" (Adams).  In researching gun control, the government is not sure which way to enforce the law because they can not determine the fair interpretation of the amendment.  Even though gun control is suppose to reduce fire arm related crimes, it only makes it harder for law abiding citizens, or officers of the law to attain guns.  According to Hogberg there was a specific case of Heller vs. Washington D.C. that made a huge impact.  Dick Heller was asked to defend the people of D.C. against the government to gain the rights to own a hand gun.  The right of owning a hand gun in Washington D.C. was revoked in the early 1970's, but in 1976 an incident of a shooting changed