Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Gun Laws (2)
- United States Constitution 2nd Amendment (2)
- Chilling Effect (Public Policy) (1)
- Circuit Courts (1)
- Constitutional amendments (United States) (1)
-
- Constitutional law (1)
- District of Columbia v. Heller (1)
- District of Columbia v. Heller (554 U.S. 570 (2008)) (1)
- Eminent domain (1)
- Freedom of Speech (1)
- Gun laws (1)
- Law & History (1)
- Militia movements (1)
- Open Carry (Weapons) (1)
- Originalism (Constitutional Interpretation) (1)
- Paramilitary forces (1)
- Public Demonstrations (1)
- Public safety (1)
- Supreme Court justices (U.S.) (1)
- United States Constitution 14th Amendment (1)
- United States Constitution 1st Amendment (1)
- United States. Constitution. 2nd Amendment (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Regulating Armed Private Militia Gatherings: A Constitutional State-Level Proposal To Promote Public Safety In A Post-Heller World, Sean Tenaglia
Regulating Armed Private Militia Gatherings: A Constitutional State-Level Proposal To Promote Public Safety In A Post-Heller World, Sean Tenaglia
William & Mary Law Review
“Yesterday, in my view, was one of the darkest days in the history of our nation.” President Joseph R. Biden spoke these words following the January 6, 2021 riots at the U.S. Capitol Building that left five people, including a police officer, dead. The mob that stormed the Capitol sought to prevent Congress from certifying then-President-elect Biden’s Electoral College victory. In the weeks following the riot, investigators began arresting rioters associated with extremist right-wing militia groups, such as the Oath Keepers and Three Percenters. While January 6, 2021, can accurately be labeled a dark day in American history, the events …
The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick
The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick
Popular Media
No abstract provided.
Judging History: How Judicial Discretion In Applying Originalist Methodology Affects The Outcome Of Post-Heller Second Amendment Cases, Mark Anthony Frassetto
Judging History: How Judicial Discretion In Applying Originalist Methodology Affects The Outcome Of Post-Heller Second Amendment Cases, Mark Anthony Frassetto
William & Mary Bill of Rights Journal
This Article aims to assess how the federal appellate courts have applied the originalist methodology in Second Amendment cases in the decade since Heller. It reviews how courts’ varying approaches to historical analysis—specifically, how courts have addressed what historical period to look to, how prevalent a historical tradition must be, and whether to address history at a high or low level of generality—can drastically affect the outcome of cases. As Justice Scalia acknowledged in McDonald, “Historical analysis can be difficult; it sometimes requires resolving threshold questions, and making nuanced judgments about which evidence to consult and how to …
Second Amendment Background Principles And Heller's Sensitive Places, Adam B. Sopko
Second Amendment Background Principles And Heller's Sensitive Places, Adam B. Sopko
William & Mary Bill of Rights Journal
Judges and commentators have widely acknowledge that history enjoys a privileged status in Second Amendment cases, but its precise role is undertheorized and rarely controls case outcomes. In particular, courts have been unable to decide "sensitive places" cases-- challenges to location-based gun laws-- in a manner that adheres to Supreme Court precedent because existing Second Amendment doctrine lacks a test for sensitive places cases that uses history and tradition in a principled way. This Article proposes a solution to address that problem.
An untapped source of guidance is the Court's takings jurisprudence. Interpreting their respective constitutional provisions, Justice Scalia observed …