Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Harvard Law Review analysis of Heller decision

Discussion in 'Legal' started by Mike J, Dec 6, 2008.

Thread Status:
Not open for further replies.
  1. Mike J

    Mike J Member

    Joined:
    Jul 3, 2007
    Messages:
    2,128
    Location:
    Georgia
    Reading this was very educational for me not only about the 2nd amendment-But about the 9th & 14th amendments & how they could be used to argue our side. As well as how precedent from case law plays into these decisions. I thought it was very imformative. www.harvardlawreview.org/issues/122/nov08/amar.pdf I'll warn you its kind of a long read. At least for me trying to look at it in between dealing with the kids. But I believe its worth it.
     
  2. ants

    ants Member

    Joined:
    Nov 24, 2007
    Messages:
    3,503
    Thank you, Mike. I read the first 4 pages but saved it on the desktop for later.
    46 pages will take me a few sittings.
     
  3. rbernie
    • Contributing Member

    rbernie Member

    Joined:
    Jan 21, 2004
    Messages:
    20,450
    Location:
    Norra Texas
    Thanks for the link.
     
  4. Mike J

    Mike J Member

    Joined:
    Jul 3, 2007
    Messages:
    2,128
    Location:
    Georgia
    It took me a few sittings too Ants.
     
  5. usmarine0352_2005

    usmarine0352_2005 Member

    Joined:
    Oct 21, 2005
    Messages:
    2,797
    Read?


    Read?



    Can't someone just turn it into a video?


    lol
     
  6. green country shooter

    green country shooter Member

    Joined:
    Jul 28, 2008
    Messages:
    220
    Location:
    Oklahoma
    Very interesting. He's basically arguing for more attention to history and text, especially to the 9th and 14th amendments. I've read two of his books, and he puts a lot of emphasis on the Reconstruction amendments, 13, 14, 15, as extensions of guarantees of equality to all, even at the hands of the states.

    He is one of the most influential scholars on the Constitution today, so when he says the 2nd now must be applied to the states that's a pretty powerful argument.
     
  7. Loosedhorse

    Loosedhorse member

    Joined:
    Aug 4, 2008
    Messages:
    3,454
    Location:
    eastern Massachusetts
    Whatever the rest of his piece means, he seems to be saying that the previous "collective rights" interpretation of 2A by the lower courts was against its "clear meaning."

    Just like we all knew to begin with.
     
  8. subknave

    subknave Member

    Joined:
    Aug 27, 2005
    Messages:
    135
    Just a short excerpt:

    "HELLER, HLR, AND HOLISTIC LEGAL REASONING
    Akhil Reed Amar∗

    Here, Justice Scalia suggested, was a related link between the operative clause and the preamble: the only arms protected are those that are generally suitable for militia use."


    Could this reasoning be used to overturn the Machinegun Ban? Although if you read the entire article it seems the Heller decision should be incorporated and a lot of places will have to rewrite their gun ban laws.
     
  9. gc70

    gc70 Member

    Joined:
    Dec 22, 2004
    Messages:
    2,980
    Location:
    North Carolina
    Amar's article is most interesting. He took apart Justice Stevens' dissent, both for being poorly supported and for being inconsistent with his previously stated views ("Justice Stevens, meet Justice Stevens"). But there are two more important aspects of the article than bashing Stevens. The article invites future courts to bring the 9th and 14th Amendments to bear on the 2nd Amendment. And the article provides Breyer and Ginsberg with personal rationales to support the 2nd Amendment in future cases.

    This is the type of advocacy that influences future court decisions and Amar is squarely on our side of the 2nd Amendment debate.

     
Thread Status:
Not open for further replies.

Share This Page