McDonald v City of Chicago, Illinois, District of Columbia v Heller, Gun control, Judicial review
Constitutional Law | Second Amendment
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.
Michael C, Dorf, "Incidental Burdens and the Nature of Judicial Review," 83 University of Chicago Law Review Online 97 (2016)