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Full-Text Articles in Fourteenth Amendment
The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto
The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto
Campbell Law Review
In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right to keep and bear arms outside of the home. This Article explores this unresolved issue through a newly uncovered source, the congressional debates surrounding the District of Columbia's public carry law in the 1890s.
These debates provide new insights into the understanding of the right to keep and bear arms in the years following the drafting and ratification of the Fourteenth Amendment. Two conclusions can be drawn from the debate. First, there was no …
Liberty Is Not Loco-Motion: Obergefell And The Originalists' Due Process Fallacy, Andrew T. Bodoh
Liberty Is Not Loco-Motion: Obergefell And The Originalists' Due Process Fallacy, Andrew T. Bodoh
Campbell Law Review
In an effort to discredit substantive due process, originalists often misinterpret the federal Due Process Clauses. Justice Clarence Thomas's Obergefell v. Hodges dissent illustrates this. In this dissent, Justice Thomas cites Blackstone's Commentaries to argue that Due Process "liberty" is merely freedom from physical restraint, what Blackstone describes as the power of "loco-motion."
This Article challenges Justice Thomas's narrow view of Due Process liberty from Obergefell v. Hodges on its own terms. It distills from the dissent and its sources five assumptions or premises supporting Justice Thomas's view, and it confronts each of these with contrary evidence from the historical …