Document Type

Article

Publication Date

2016

Keywords

McDonald v City of Chicago, Illinois, District of Columbia v Heller, Gun control, Judicial review

Disciplines

Constitutional Law | Second Amendment

Abstract

Activists and scholars contesting the meaning of the Second Amendment argue over a startling number of its twenty-seven words: "regulated," "Militia," "State," "people," "keep," "bear," and "Arms." Heller and McDonald sought to resolve most of these debates, but before Professors Joseph Blocher and Darrell Miller, no one noticed the potential for contestation over the Second Amendment's final word: "infringed." When does the application of a gun-neutral law infringe the right? In that deceptively simple question lurk important future debates over the Second Amendment, the Constitution, and law itself.

Comments

A Response to Joseph Blocher and Darrell A.H. Miller, What Is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment, 83 U Chi L Rev 295 (2016).

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