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Assailing the unjustified Second Amendment limits in Heller

By Douglas A. Berman

As Randy Barnett notes here, "Nelson Lund has just uploaded to SSRN a new and important criticism of Justice Scalia's opinion in DC v. Heller ... [which] considers the exceptions to this right identified by Justice Scalia in dicta."  The new piece, titled "The Second Amendment, Heller, and Originalist Jurisprudence," is available at his link.  Here is part of the abstract: [Heller] was a near perfect opportunity for the Court to demonstrate that original meaning jurisprudence is not just "living constitutionalism for conservatives," and it would been perfectly feasible to provide that demonstration.  Instead, Justice Scalia's majority opinion makes a great show of being committed to the Constitution's original meaning, but fails to carry through on that commitment...continue to full post

Full post as published by Sentencing Law and Policy on January 11, 2009 (boomark / email).