This post is a continuation of Breaking Down the Second Amendment – Part One.
In this article, Professor Lund provides an overview of the historic context of the Second Amendment when it was adopted in the Bill of Rights. He explores early-American distrust of standing armies and preference for militias, early interpretations of the plain wording of the second amendment, developments in gun control legislation, and case law including the landmark 2008 Supreme Court case District of Columbia v. Heller that ruled that “the original meaning of the Second Amendment protects a private right of individuals to keep and bear arms for the purpose of self-defense.”
In this symposium paper for the American Constitution Society, Professor Winkler argues that recent trends in state laws have moved to become more permissive with respect to gun ownership, therefore rendering the Second Amendment less relevant. The piece seems to dismiss recent emergence of second amendment cases as fueled by political rhetoric.
by Joseph Greenlee for the Federalist society
Written after the passing of Justice Antonin Scalia, founder of the Federalist Society, and author of the majority opinion in District of Columbia v. Heller, the author contemplates whether a post-Scalie court might strike down the ruling in Heller where the Court struck down a handgun ban that applied in the home and explicitly held that the Second Amendment codified a pre-existing individual right. The piece expresses concern about misapplication of the two-part test established in Heller, “which first determines whether the challenged law burdens conduct falling within the scope of the right, and if so, then applies the appropriate form of heightened scrutiny to the challenged law.” Further, the piece expresses concern about what could happen if the Court declines to take up lower court rulings that weaken the interpretation of the second amendment.
Exploring both sides of gun control debate this piece lays out a sketch of how the Second Amendment was proposed by James Madison to establish the rights of states vs. the federal government and to establish that the government did not have the authority to disarm citizens.