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Full-Text Articles in Law
Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich
Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich
Faculty Scholarship
In the D.C. Circuit case Heller v. District of Columbia (Heller II), Judge Kavanaugh wrote that “Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.” Now Justice Kavanaugh, will he find support on the highest court for what was then a dissenting view? Chief Justice Roberts, during oral arguments for Heller I, asked “Isn’t it enough to…look at the various regulations that were available at the time…and determine how these—how this restriction and the scope of this …
The Diverging Right(S) To Bear Arms: Private Armament And The Second And Fourteenth Amendments In Historical Context, Alexander Gouzoules
The Diverging Right(S) To Bear Arms: Private Armament And The Second And Fourteenth Amendments In Historical Context, Alexander Gouzoules
Faculty Publications
This article compares the historical evolution of the social understanding of private armament with contemporary legal doctrine on the right to bear arms. The District of Columbia v. Heller decision, which held that the Second Amendment protects a personal right to self-defense, and the McDonald v. City of Chicago decision, which held the Second Amendment to be incorporated by the Fourteenth Amendment, both turned on extensive historical analysis. But by reading a broad “individual right to self-defense” into both the Second and Fourteenth Amendments, the Court assumed continuity between the social understandings at the time of these amendments’ respective ratifications. …