Interpreting the context of the second amendment of the united states constitution

Petitioner was charged in a Florida state court with having broken and entered a poolroom with intent to commit a misdemeanor.

Interpreting the context of the second amendment of the united states constitution

Originally published as 62 Tenn. Permission for WWW use at this site generously granted by the author. For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. But what many casual readers may not realize is that those articles are simply the latest installments in what has become a rich and interesting literature.

Although the Second Amendment was almost completely ignored by the academic community for the first two centuries of its existence, the past several years have seen an explosion of scholarship.

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The reasons for that explosion are beyond the scope of this Article; they may stem in part from the increased prominence of "gun control" debates in contemporary politics, or from the natural tendency of constitutional law scholars to look for as yet unmined subjects for study.

But for whatever reason, the past five years or so have undoubtedly seen more academic research concerning the Second Amendment than did the previous two hundred. In this Article, I will summarize and criticize that scholarship. By doing so, I hope to serve two purposes.

I. The Politics Of Interpreting The Second Amendment

First, I hope to provide readers who are unfamiliar with the literature sufficient background to understand references to it in other articles on this issue, or simply to consider themselves "Second Amendment literate. Although some aspects of Second Amendment theory have been developed with a thoroughness that would surprise those unfamiliar with the field, other aspects deserve additional study.

I hope that readers of this Article will be inspired to join in the conversation.

Interpreting the context of the second amendment of the united states constitution

Introduction Before addressing the body of Second Amendment scholarship, it is worth taking a moment to put it into the context of the popular debate over gun controls and the right to bear arms.

Although it would be something of an oversimplification, it is probably fair to say that those who support p. For example, it is common to find "right wing" opponents of sexual liberty taking the position that the Ninth Amendment, [3] often cited as the root of the right to privacy that is typically implicated in cases involving sexual freedom, [4] means nothing.

Robert Bork, for example, has described the Ninth Amendment as an "inkblot" whose meaning cannot be deciphered, [5] and has referred to the right of privacy as a "loose canon in the law. In the case of the Second Amendment, at least until a few years ago, there was no such caselaw or scholarship.

Lawsonlineâ„¢.com Legal Topics: Interpreting the Second Amendment

Today there is still very little caselaw, but there is now a great deal of scholarship. That may change, and if it does it will probably be a good thing. Perhaps surprisingly, what distinguishes the Second Amendment scholarship from that relating to other constitutional rights, such as privacy or free speech, is that there appears to be far more agreement on the general outlines of Second Amendment theory than exists in those other areas.

Indeed, there is sufficient consensus on many issues that one can properly speak of a "Standard Model" in Second Amendment theory, much as physicists and cosmologists speak of a "Standard Model" in terms of the creation and evolution of the Universe.

But the overall framework for analysis, the questions regarded as being clearly resolved, and those regarded as still open, are all generally agreed upon.TOP. Opinion. BLACK, J., Opinion of the Court. MR.

Interpreting the context of the second amendment of the united states constitution

JUSTICE BLACK delivered the opinion of the Court. Petitioner was charged in a Florida state court with having broken and entered a poolroom with intent to commit a misdemeanor.

Article III places judicial power in the hands of the srmvision.com Constitution is interpreted by the courts, and the Supreme Court of the United States is the final court of appeal from the state and lower federal courts. The power of American courts to rule on the constitutionality of laws, known as judicial review, is held by few other courts in the world and is not explicitly granted in the.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements.

Amendment - Interpreting the Second Amendment - Political Investigations

One of the Second Amendment cases that the Court has heard, and until recently the only case challenging a congressional enact-ment, seemed to . Our case law could be read to reserve to the United States all powers not expressly prohibited by the Constitution." Clarence Thomas shares with other conservatives an aversion to the clear language of the Ninth Amendment.

The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, as part of the Bill of Rights.

Amendment I - The United States Constitution