Question

Read this passage:a group of gun owners sues the government after congress passes a law banning a wide range of firearms. the group's lawyer argues that the law violates the second amendment's guarantee of the right to bear arms. she claims that any law that restricts gun ownership is unfair and a violation of americans' fundamental rights.what principle is the lawyer relying on to question the new law?

Answer 1

substantive due to process

Answer 2

Answer:

The answer here is: substantive due process. This would be the principle being used by the lawyer to protect people´s rights to bear arms, against laws passed by Congress to regulate such a right.

Explanation:

This principle, which arises from the Fifth and Fourteenth Amendment to the Constitution, establishes that the courts have the task of protecting fundamental rights of citizens against any and all government actions that interfere with these unalienable rights, even if they are not specifically stated in the Constitution. One such fundamental right, as established by the Second Amendment, is the right of all citizens to bear arms. This principle of substantive due process, then, repeals any power that any law may have, regardless of how or who issued it, against the use of property of firearms.