Other Constitutional Rulings :
A. Commerce Clause
B. Art. 1, § 10, Ex Post Facto Clause
C. First Amendment
D. Eighth Amendment
E. Miscellaneous Constitution Rulings
Supreme Court
Miscellaneous Constitution Rulings• Second Amendment
D.C. v. Heller, 07-290 (6/26/08)
> Heller filed a lawsuit in the district court challenging District of Columbia laws that banned the possession of firearms in the home unless the handguns were disassembled so as not to be functional. The district court dismissed the petition, but the D.C. Circuit reversed, finding that the ban violated the Second Amendment. The Supreme Court granted certiorari.
* Holding: The Court held that the District of Columbia’s ban on handgun possession in the home violates the Second Amendment right to bear arms. Accordingly, the D.C. Circuit ruling was affirmed.
Sixth Circuit
Miscellaneous Constitution Rulings
• Elections/Necessary and Proper Clauses
U.S. v. Slone, 03-6427 (6/3/05)
> Defendant was convicted of illegally buying
votes, in violation of 42 U.S.C. § 1973i, in a local election
wherein a federal candidate was also on the ballot. On appeal,
defendant challenged the statute, claiming that it was outside
Congress’ power under the Elections and the Necessary and Proper
Clauses.
* Holding: The court held that under both the
Elections Clause and the Necessary and Proper Clause, Congress has the
power to regulate state and local elections in which a federal
candidate is on the ballot. Accordingly, the conviction was affirmed.
• Art. I, § 8, cl. 17 - Federal Enclave Clause
U.S. v. Gabrion, 02-1386 (3/14/08)
> Defendant was convicted of murder in a national
forest, pursuant to 18 USC § 1111, and sentenced to death. The
deceased was found in a lake in the Manistee National Forest in
Michigan. Defendant argued on appeal that the federal government has no
legislative jurisdiction over the Manistee, and thus federal
prosecution was improper.
* Holding: Prior to 1940, whenever a state consented
to cession of its forest land to the federal government, acceptance of
the land by the government was presumed. On February 1, 1940, Congress
passed 40 USC § 255 which reversed the presumption, and required
formal federal acceptance of the land. In 1923, Michigan formally
consented to cession of the Manistee to the federal government. Because
this cession occurred before 1940, acceptance by the federal government
was presumed, and no act of Congress retroceded jurisdiction back to
Michigan. In turn, the Federal Enclave Clause provides federal
legislative power over lands that have been obtained by the federal
government by state cession. This power extends to lands over which the
federal government has exclusive jurisdiction, and over lands in which
the state has retained concurrent jurisdiction to exercise certain
authority. Accordingly, the court held that exercise of federal
jurisdiction was proper.
• Second Amendment
Hamblen v. U.S., 09-5025 (12/30/09)
> Defendant was a member of the volunteer
Tennessee State Guard. After the 9/11/01 terrorist attacks, defendant
believed that the governor may call the volunteer State Guard into
service. In violation of State Guard regulations, defendant built nine
machine guns. As a result, defendant was prosecuted for possession of
unregistered machine guns in violation of 18 USC § 922(o) and 28
USC § 5861(d). Defendant argued in a Rule 29 motion for acquittal
that the prosecution violated his Second Amendment rights. Defendant
was convicted and he appealed.
* Holding: The court held that, even after the
Supreme Court’s decision in Heller (See P.V. Issue #20), the
Second Amendment provides no constitutional right to possess a machine
gun. Accordingly, defendant’s conviction was affirmed.