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Journal

Second Amendment

BYU Law Review

Articles 1 - 11 of 11

Full-Text Articles in Law

Bill Of Rights Nondelegation, Eli Nachmany Dec 2023

Bill Of Rights Nondelegation, Eli Nachmany

BYU Law Review

Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …


Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods Aug 2020

Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods

BYU Law Review

No abstract provided.


United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow May 2012

United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow

BYU Law Review

No abstract provided.


United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen Mar 2010

United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen

BYU Law Review

No abstract provided.


The Second Amendment In The Nineteenth Century, David B. Kopel Nov 1998

The Second Amendment In The Nineteenth Century, David B. Kopel

BYU Law Review

No abstract provided.


The Brady Handgun Prevention Act And The Community Protection Initiative: Legislative Responses To The Second Amendment?, Orrin G. Hatch Mar 1998

The Brady Handgun Prevention Act And The Community Protection Initiative: Legislative Responses To The Second Amendment?, Orrin G. Hatch

BYU Law Review

No abstract provided.


The Right To Keep And Bear Arms In Light Of Thornton: The People And Essential Attributes Of Sovereignty, Kevin J. Worthen Mar 1998

The Right To Keep And Bear Arms In Light Of Thornton: The People And Essential Attributes Of Sovereignty, Kevin J. Worthen

BYU Law Review

Few people think about gun control and term limits in the same way. They generally favor one or the other, but not both or neither. The thesis of this Article, however, is that the two concepts are connected - or at least that the Framers of the United States Constitution would have found a connection between the two - and that theconnection between the two affects the way we should think about the subjects.This Article asserts that the two concepts are related because both gun control and term limits can infringe on the right of the people as ultimate sovereign …


A Lawyer's Guide To The Second Amendment, Steven H. Gunn Mar 1998

A Lawyer's Guide To The Second Amendment, Steven H. Gunn

BYU Law Review

No abstract provided.


Private Organizations And The Militia Status: They Don't Make Militias Like They Used To, Marguerite A. Driessen Mar 1998

Private Organizations And The Militia Status: They Don't Make Militias Like They Used To, Marguerite A. Driessen

BYU Law Review

No abstract provided.


Is The Second Amendment Finally Becoming Recognized As Part Of The Constitution? Voices From The Courts, Sanford Levinson Mar 1998

Is The Second Amendment Finally Becoming Recognized As Part Of The Constitution? Voices From The Courts, Sanford Levinson

BYU Law Review

No abstract provided.


Securing A Free State: Why The Second Amendment Matters, David Harmer Mar 1998

Securing A Free State: Why The Second Amendment Matters, David Harmer

BYU Law Review

No abstract provided.