Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.6.2
Site Design by Sekimori

« Even the Boston Globe | Main | Joyce Foundation at it again -- Stanford Law Review »

Second Amendment as a teaching tool

Posted by David Hardy · 18 July 2006 02:12 PM

I was just reviewing the wonderful piece The Second Amendment as Teaching Tool in Constitutional Law Classes and memories of law school came back.

Back then (1972-75) we were on the end of the Warren Court decisions. Con law was full of fascinating issues. 14th Amendment incorporation, with Justices Black and Douglas filing separate opinions calling for complete incorporation, and Harlan, if I remember, holding for the pre-Warren tests. Was this right or that fundamental? How far does Miranda extend, and was it rightly decided? Freedom of speech, obscenity, fighting words. Stop and search, informant reliability, you name it.

Today ... the First Amendment is, what, hundred page opinions on election laws. Criminal procedure is ... apart from death penalty cases, pretty settled. The right to arms really is about the only place where there is anything interesting going on. As the authors suggest, it can be used to highlight originalism, 14th Amendment incorporation, methods of constitutional analysis, almost anything.

1 Comment | Leave a comment

Christopher A. George | July 18, 2006 9:50 PM | Reply

We used Prof. Erwin Chemerinsky's Con Law text a couple years ago and his first chapter uses the 2A as a teaching tool to examine the various issues in Con Law (original intent v. present public policy preferences, etc.). It was rather well done and quiet neutral.
C.A.G.

Leave a comment