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 6.8.8
Site Design by Sekimori

« Malcolm X endorses the Second Amendment | Main | Bloomberg gang breaking law again? »

My draft article on McDonald v. Chicago is up

Posted by David Hardy · 28 May 2012 08:39 AM

Online at SSRN, and in circulation to law reviews. " McDonald v. Chicago: Fourteenth Amendment Incorporation, and Judicial Role Reversals." I start off with a note that in McDonald, the liberal wing turned conservative, and the conservative wing liberal, with the most liberal justice, Stevens, rejecting all of the Warren Court decisions, and one of the most conservative justices, Thomas, becoming heir to the (on this issue anyway) very liberal Justices Black and Douglas. That and Justice Scalia discovered that precedent can trump originalism, while the liberal wing discovered the virtues of judicial restraint.

I found the dissent very, very, weak, and point out a few problems with the plurality. I also try to resolve what may have been the unuttered concerns of the plurality with privileges or immunities incorporation.

· Chicago aftermath

4 Comments | Leave a comment

Chuck | May 28, 2012 1:50 PM | Reply

That was a fun read on a rainy day.

Made me repeatedly think of the 1986 Hughes amendment to the FOPA, which is an outright ban on the manufacture and sale of new (manufactured after 1986) machine guns to the people.

This is a good starting point for repeal of a statute that bans an entire class of arms that is common use by both the militia and the individual citizen.

475okh | May 28, 2012 3:51 PM | Reply

Great article as well as a great case. It will be only a matter of time and court cases before the Hughes amendment goes into the ashcan of history.

Fiftycal | May 28, 2012 4:34 PM | Reply

Great article! I hope it gets used in LOTS of cases. I also hope the 86 MG ban gets looked at and repealed. I also hope that the post office "ban" gets legislatively removed and our RIGHT to carry is recognized on ALL Federal (our) property.

Carl from Chicago | May 29, 2012 2:01 PM | Reply

Why specifically did David's current article make you think of the Hughes amendment?

Leave a comment