• Originalism|by|Analogy and Second Amendment Adjudication🔍
• The Second Amendment & Originalism🔍
• The Supreme Court's Faux 'Originalism'🔍
• The Second Amendment🔍
• Dead or Alive🔍
• The Limits of Second Amendment Originalism and the Constitutional ...🔍
• The Second Amendment and the Failure of Originalism🔍
• How originalists may be twisting the Constitution🔍

Originalism-by-Analogy and Second Amendment Adjudication

The Supreme Court held that the constitutionality of modern gun laws must be evaluated by direct analogy to history, unmediated by familiar doctrinal tests.

The Second Amendment & Originalism - TalksOnLaw

Second Amendment rights have emerged from often conflicting constitutional interpretations, but none has shaped its modern understanding more than the ...

The Supreme Court's Faux 'Originalism' - POLITICO

Many Americans find the Second Amendment poorly constructed and confusing. Historians do not. In the 18th century, when Congress passed and the ...

The Second Amendment, Heller, and Originalist Jurisprudence

original meaning to the Second Amendment's manifestly puzzling text. The Chief Justice ensured that this would be a pretty fair test of originalism when he ...

Dead or Alive: Originalism as Popular Constitutionalism in Heller

A Hein Online title search for law review articles on the "Second Amendment," "bear arms," or "gun control" shows that publications begin steadily to increase ...

The Second Amendment: The Highest State of Originalism

Originalism is the theory of constitutional interpretation that holds that the meaning of the various provisions of the Constitution was fixed at the moment ...

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

The Supreme Court's 2008 ruling in District of Columbia v. Heller, 554 U.S. 570 (2008), reshaped decades of Second Amendment precedent and jurisprudence.

Originalism-by-Analogy and Second Amendment Adjudication

abstract. In New York State Rifle & Pistol Ass'n v. Bruen, the Supreme Court held that the constitutionality of modern gun laws must be evaluated by direct ...

Once Again, Originalism's Hollow Core Is Revealed - The Atlantic

Instead, the Court justified its result under an “originalist” approach to the Second Amendment. Originalism is the view that the meaning of ...

The Second Amendment and the Failure of Originalism

Originalism provides the core arguments for an individual right "to keep and bear Arms." The appropriate role of original intent in constitutional law, ...

How originalists may be twisting the Constitution - Stanford Report

“Originalists focus their attention narrowly on the words of the Second Amendment without realizing that they are imposing a robust and ...

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

By cabining. Miller—the only important Second Amendment precedent before Heller— as a case about unusual weapons, Justice Scalia had little difficulty in.

Full article: Originalism and the Second Amendment: A reassessment

Hopefully, the recent appointments to the Court, who embrace originalism will see that the better interpretation of the Second amendment is to grant authority ...

Supreme Court's gun rights decision deepens the cracks in originalism

Rahimi, the court majority continued its embrace of an idea derived from the principle of constitutional originalism — in this instance, that ...

Originalism & the 2nd Amendment - YouTube

The Second Amendment and our modern right to bear arms are entwined with a legal philosophy called "originalism," according to 2A scholar, ...

The Second Amendment was adopted in 1791, not 1868 – Mark Smith

Attention Originalists: The Second Amendment was adopted in 1791, not 1868 ... Here is the Bruen passage on which gun control defenders base their ...

Originalism-by-Analogy and Second Amendment Adjudication

In New York State Rifle & Pistol Ass'n v. Bruen, the Supreme Court held that the constitutionality of modern gun laws must be evaluated by direct analogy to ...

District of Columbia v. Heller and Originalism

Part V considers the implications of Heller's originalist theory for the question whether the Second Amendment will be applied to the states via the Due ...

Where are the 'originalists' in the debate over gun safety?

But even if we set aside the militia argument, an originalist approach to the Second Amendment – one concerned about “the political and ...

Second Amendment Originalism, the “General Law,” and Rahimi ...