Constitutional Law

Reynolds & Denning on Heller's future

Prof.s Glenn Harlan Reynolds and Brannon Denning have an article in Northwestern Univ. Law Rev. on the future of Heller.

The question is whether the case becomes, essentially, what it should be: the recognition of a Constitutional right, and the beginning of an entire branch of Con law, or whether it may go the route of the Lopez case. In Lopez, the Court struck down the Federal gun-free school zone law because, in limiting simple possession, it had no basis in the interstate commerce power. But the lower courts resisted this, and essentially said "okay, so that statute is invalid. But any other ban on possessing something will be upheld, no matter how flimsy the connection to interstate commerce."

Full post as published by Of Arms and the Law on August 03, 2008 (boomark / email).