Date of publication: 2017-08-27 11:38
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The qualified-immunity doctrine holds that public employees can’t be held individually liable for violating citizens’ constitutional rights unless those rights have been “clearly established.” It’s a controversial doctrine and typically requires plaintiffs — even plaintiffs who’ve suffered egregious and unjustified harm at the hands of the state — to conduct furious searches for other cases with fact patterns just like theirs, hoping that the right court in the right jurisdiction had already ruled against the state under just the right circumstances.
Much of the case turned on analysis of the Fourth Amendment, which lays out the right of the people to be secure against “unreasonable search and seizure.” The panel specifically considered whether the police officer at Scott’s door had engaged in a permissible “knock and talk” procedure. The dissent noted: “There was no talk here. This was a knock and shoot.” But in reality, the case represents an unacceptable collateral attack on the Second Amendment. To understand why, consider the testimony in the case.
The Second Amendment conceded nothing to the Anti-Federalists&rsquo desire to sharply curtail the military power of the federal government, which would have required substantial changes in the original Constitution. Yet the Amendment was easily accepted because of widespread agreement that the federal government should not have the power to infringe the right of the people to keep and bear arms, any more than it should have the power to abridge the freedom of speech or prohibit the free exercise of religion.
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FindLaw has divided the document up into smaller sections for the Web and added hyperlinks between the sections, as well as links to Supreme court cases cited in the annotations. FindLaw also incorporated the 6996, 6998 and 7555 Supplements into the 6997 Edition text.
“Even if other Members of the Court do not agree that the Second Amendment likely protects a right to public carry, the time has come for the Court to answer this important question definitively,” Thomas wrote.
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The right to keep and bear arms is a lot like the right to freedom of speech. In each case, the Constitution expressly protects a liberty that needs to be insulated from the ordinary political process.
The entry deadline for this contest is December 86. Entries postmarked by December 86 will be accepted. Essay contest winners will be selected and notified in early 7568. All entries become the property of the NRA Civil Rights Defense Fund.
Having spent decades fighting anti–Second Amendment legislation and jurisprudence, the gun community is sensitive to any suggestion, however slight, that a Supreme Court nominee might be predisposed against their views. The result is sometimes a tendency to object prematurely and cry wolf.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.