How Did The 14th Amendment Get Involved In Mcdonald V Chicago

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How Did the 14th Amendment End Up at a Burger Joint? (Or, McDonald v. Chicago: A Love Story)

So, you're probably wondering how a law passed after the Civil War ended up on the menu at McDonald's. Spoiler alert: there were no Filet-O-Fish involved in this particular legal drama.

The Setup: A Windy City Woe

Let's rewind to Chicago, a city known for its deep-dish pizza, iconic skyline, and apparently, a rather strict stance on guns. In the heart of this Windy City drama, we have Otis McDonald, a retired custodian, and a bunch of other folks who were just trying to protect their homes. The problem? Chicago had a rather draconian gun control law that basically said, "No handguns for you!"

Enter the 14th Amendment: The Unexpected Guest

Now, you might be thinking, "What does the 14th Amendment, a law about equal protection and due process, have to do with guns?" Well, that's where things get interesting.

The 14th Amendment is like that really cool, unexpected guest at your party who ends up being the life of the party. It's the amendment that says states can't deny their citizens basic rights. So, McDonald and his crew argued that the right to self-defense, which they believed was protected by the Second Amendment, was a basic right. And since the 14th Amendment says states can't deny basic rights, voila! Chicago's gun ban was in trouble.

The Supreme Court Showdown: A Slam Dunk (Mostly)

The case made its way to the Supreme Court, where the justices had to decide if the right to bear arms was a fundamental right that applied to states, not just the federal government.

After much deliberation, the Court decided, in a 5-4 vote, that yes, indeed, the Second Amendment does apply to the states. It was like a buzzer-beater victory for gun rights advocates. But let's not forget the four dissenting justices who were probably thinking, "But... pizza?"

The Aftermath: A Shot Heard 'Round the Nation

The decision in McDonald v. Chicago sent shockwaves through the legal world and, arguably, the nation as a whole. It expanded gun rights significantly and opened the door for more challenges to gun control laws across the country. So, the next time you're enjoying a Big Mac, spare a thought for Otis McDonald and the 14th Amendment. They kind of changed everything.

How To...

  • How to understand the 14th Amendment: Think of it as a shield protecting your basic rights from government overreach.
  • How to explain incorporation: It's like applying a federal law to the states. The 14th Amendment is the key to this process.
  • How to remember McDonald v. Chicago: Imagine a battle between a guy who wants to protect his home and a city that says, "Nope."
  • How to appreciate the impact of the case: It expanded gun rights and set a precedent for applying other Bill of Rights protections to the states.
  • How to order a Big Mac: Just say, "I'd like a Big Mac, please." But maybe also ponder the legal implications of your meal.
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