Entry 3- Judicial Branch

1) Source:

Supreme Court's decision in McDonald v. City of Chicago usurps local control over public safety (Rep. Bobby L. Rush)

http://thehill.com/blogs/congress-blog/judicial/106089-supreme-courts-decision-in-mcdonald-v-city-of-chicago-usurps-local-control-over-public-safety-rep-bobby-l-rush

September 10, 2010


2) Constitutional Connection:  

Article 3, Section 2, Clause 2

-"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

3) Explanation of Connection:

          This article is referring to the Supreme Court's  decision to overturn the decision that the City of Chicago had made. They had made this law because of the substantial amount of violence in the city dealing with firearms.They had passed a law making the carrying of handguns illegal, but the Supreme Court asked them to revise this decision because it was unconstitutional. The author then goes on to argue that this law would have made it harder for residents to harm others because acquiring handguns would have been much harder.
          This article demonstrates Article 3, Section 2, Clause 2. The judicial branch was given the right to overturn any laws, and also to handle affairs concerning the individual states.The Supreme Court ruled this law unconstitutional because it went against our rights to bear arms. This is an example of federal power of both the state level and the governmental level. Both the state court and the Supreme Court. Therefore, making laws is a concurrent power (quoted your article there Mr. Linderman). Even though the state passed the law, ultimately, if the supreme court wishes to overturn it, they can because it is within their power.
          I think that the Supreme Court should have made an exception. The law would have really reduced the amount of violence in Chicago.There is a downside to the Supreme Court being able to overturn laws made by the State Court because the state understand the situations and the problems going on within the city of Chicago more than the Supreme Court does. But, I must also admit that the laws are unconstitutional, and that the judicial branch was given this power to make sure all laws are constitutional and fair.