Second Amendment as Ordinary Constitutional Law

[Kirk Freeman]

Professor Glenn Reynolds, University of Tennessee, School of Law, is out with a new short law review note on the jurisprudence of Second Amendment law. The Second Amendment is like every other right, go figure.

If we treated the Second Amendment like the First Amendment, the entire faculty at Yale Law would be arguing ownership of an M4 or M16A4 is mandatory.

The Second Amendment as Ordinary Constitutional Law by Glenn Harlan Reynolds :: SSRN

 

[GodFearinGunTotin]

UT Vol fan tagging for later.

 

[SteveM4A1]

Too bad M4s and such aren't "in common use" at this time according to the Supreme Court, and if never changed, will never be in common use. Sometimes I just want to bang my head against the wall...

 

[BogWalker]

Eh, I'd prefer the M16a4.

The fight for firearms will never end in this country until something happens to convince the people as a whole of their necessity. It would have to be an intensely awful event, however.

Downloaded the paper. Will read eventually.

 

[9mmfan]

A very good read. Nice to see the 2nd Amendment is now 'ordinary.'

 

[HoughMade]

Nice article. I look forward to reading more from the symposium.

 

[Maximinus Thrax]

Very nice read: it will be very interesting to see how things continue to progress over the course of the next several years. I feel the debate continues to become polarized and I wonder what it will take to calm it down. I hope it's not the "intensely awful event" BogWalker thinks it would have to be...

 

[Kirk Freeman]

Max, did you guys study the integration of the First Amendment into ordinary Constitutional law? I think there is an analogy there.

http://en.wikipedia.org/wiki/Gitlow_v._New_York

http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/firstamendmenthome.htm

 

[ModernGunner]

Should I presume, then, that the 2A will now (or in the near future) be part of the incorporation doctrine? Thoughts?

 

[Kirk Freeman]

Modern, the Second Amendment was incorporated four years ago in McDonald v. Chicago (2010).

Otis McDonald recently passed.

McDonald v. Chicago - Wikipedia, the free encyclopedia

 

[John Galt]

 

[Bennettjh]

 

[cobber]

Max, did you guys study the integration of the First Amendment into ordinary Constitutional law? I think there is an analogy there.

Gitlow v. New York - Wikipedia, the free encyclopedia

First Amendment Law (U. S. Constitution: The First Amendment)

So what you're saying, Kirk, is that but for all the 1st A activity by the courts, we would have long ago jailed and/or outlawed leftist progressives? That didn't turn out well, did it then?

 

[ghuns]

The Second Amendment as Ordinary Constitutional Law by Glenn Harlan Reynolds :: SSRN

Thanks. Great read. Written like it was meant to be understood even by we commoners outside of the legal profession.

 

[jamil]

 

[Kirk Freeman]

So what you're saying, Kirk, is that but for all the 1st A activity by the courts, we would have long ago jailed and/or outlawed leftist progressives?

Yes, see, e.g. Eugene Debs and John L. Lewis.

 

[ModernGunner]

Modern, the Second Amendment was incorporated four years ago in McDonald v. Chicago (2010).

Otis McDonald recently passed.

McDonald v. Chicago - Wikipedia, the free encyclopedia

Oh DUH, Kirk. Of course. Thanks for the reminder. I must admit I hadn't read the "...Ordinary Constitutional Law..." link that you posted prior to inquiring, or I would not've needed to inquire.

That's what happens when I ask a question when tired, LOL.