Second Amendment Originalism

The Fidelity of 'Originalist' Justices Is About to Be Tested

Rather than assume that the Second Amendment protects only a right of state governments to maintain militia organizations, the court concluded ...

Originalism, History, and the Second Amendment: What Did Bearing ...

Few areas of constitutional law have been more deeply originalist in spirit than Second Amendment scholarship. Thousands of pages.

Peruta, the Home-Bound Second Amendment, and Fractal Originalism

Judge O'Scannlain, writing for the majority, held that the Second Amendment scope includes a right to carry firearms for confrontation in the streets.

Originalism and the Second Amendment - Law & Liberty

That is, the Second Amendment might allow certain restrictions on the manner of exercising one's rights, if they allowed people alternative ways ...

The Second Amendment, Heller, and Originalist Jurisprudence

Heller turned out to be a test case in a different sense as well. With almost no relevant precedent to constrain its analysis, the Supreme Court was given the ...

What is the originalist interpretation of the Second Amendment ...

The originalist interpretation of the second amendment is that it means what it says, “the right of the people to keep and bear arms shall not be infringed.”

Originalism and the Second Amendment: A reassessment

This article argues that the precept of original meaning is a valid hermeneutic method employed by both the majority and minority in the Supreme Court's ruling.

Dead or Alive: Originalism as Popular Constitutionalism in Heller

The Court's announcement in 2008 that the Second Amendment, ratified in 1791, protects an individual's right to bear arms against federal ...

U.S. Constitution - Second Amendment | Library of Congress

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Limits of Second Amendment Originalism and the Constitutional ...

Second Amendment jurisprudence was revolutionized by the Supreme Court's 2008 decision in District of Columbia v. Heller.

How Judicial Discretion in Applying Originalist Methodology Affects ...

This Article aims to assess how the federal appellate courts have applied the originalist methodology in Second Amendment cases in the decade since Heller.

The Wages of Originalist Sin: District of Columbia v. Heller

Second Amendment. To make matters worse, his lengthy exposition of the Second Amendment is bad history—simplistic “law-office” history that ignores the ...

What Did Bearing Arms " by Nathan Kozuskanich

Originalism, History, and the Second Amendment: What Did Bearing Arms Really Mean to the Founders? ; Authors. Nathan Kozuskanich ; Publication Date. 3-2008 ...

Fake Originalism and the Right to Bear Arms – Nelson Lund

For over two centuries, the Supreme Court left fundamental questions about the Second Amendment unresolved. In a 5-4 decision in 2008, however, ...

Originalism Is One Reason Why America Has Such a Gun Problem

It is only through an intentional ignorance of this history that one might hold, as Scalia did in Heller, that the Second Amendment “guarantee[s] ...

Originalism Is Doing Just Fine, Thank You - National Review

The Court's Second Amendment cases have not exposed a flaw in originalism. They have exposed a flaw in willful lower court judges who refuse ...

Opinion | A U.S. district judge calls the Supreme Court's bluff on guns

Reeves declared that the court's interpretation of the Second Amendment compels the unfortunate conclusion that laws prohibiting felons from having guns ...

The Second Amendment's Original Purpose in District of Columbia v ...

Gun-Shy Originalism: The Second Amendment's Original. Purpose in District of Columbia v. Heller. "[Iff circumstances should at any time oblige the government ...

Letter to the editor: What Second Amendment originalism really ...

It is curious that the folks who want to always approach the Constitution with an “originalist” conservative view, in most matters, ...

The Second Amendment and the Debate on Originalism

17 Robert Bork, Neutral Principles and Some First Amendment Problems, 47 Indiana. L. J. 1 (1971). 18 Antonin Scalia, Originalism: The Lesser Evil, 57 Univ. of ...