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    Strict scrutiny for Second Amendment rights?

    Putting on my doctrinalist's hat, rather than my historian's hat, I was nonplussed by Deborah's casual statement that if we recognized a fundamental right to keep and bear arms "that citizens would be able to carry guns with them pretty much anywhere, anyplace, for any reason. For such is the result at least traditional strict scrutiny of regulation of a fundamental right would most likely bring."

    Where did the idea come from the that fundamental rights listed in the Bill of Rights are generally protected by a test of strict scrutiny?

    continue reading at Balkinization . . .
     

    Published Friday, March 21, 2008 1:46 PM by Jack Balkin
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