November 2, 2013

Narrative, Constitutional Interpretation, and the Second Amendment

Ruthann Robson, CUNY School of Law, has published 27 Words at 13 MEMOIR: The Guns Issue 85 (2013). Here is the abstract.

The 27 words of the Second Amendment formed the basis of the United States Supreme Court's decision in District of Columbia v. Heller (2008), in which the 5-4 majority relied upon a wealth of interpretations of an "individual right" that accelerated after the assassination of President JFK. This blend of intellectual and "popular" constitutionalism has continued after Heller, despite mass shootings with assault weapons, with continued support for a particular construction of the text of the Second Amendment. This piece interweaves constitutional histories, theories, cases, text, and scholarship of the Second Amendment with popular culture and personal narrative to query whether the interpretation of an individual right inherent in the "27 words" should continue to prevail.
Download the article from SSRN at the link. 

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