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After 220 years, should the Second Amendment stay minimalist?

By Douglas A. Berman

Larry Tribe has this op-ed today about the Heller Second Amendment case in the Wall Street Journal, headlined "Sanity and the Second Amendment: Individuals have a right to bear arms -- but not any arms, anywhere."  I found the closing sentiments of the piece a bit curious:Chief Justice John Roberts, ever since his days as a judge on the court of appeals, has virtually defined judicial modesty by opining that if it is not necessary for the court to decide an issue, then it is necessary for the court not to decide that issue.  For this reason, and for the further reason that the scholarship on the reach of the Second Amendment and its implementation is still in its infancy, the court should take the smallest feasible step in resolving the case before it...continue to full post

Full post as published by Sentencing Law and Policy on March 04, 2008 (boomark / email).