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• As originally understood, the Second Amendment has nothing to say about the DC City Council's handgun ban

  Posted Tuesday, April 22, 2008 5:58 AM by Doug Kmiec
  
  
  
  What might the Supreme Court be writing regarding the DC handgun ban? If the oral argument is any guide, and hopefully it will not be, the Court is invalidating the DC handgun ban, when an originalist understanding would reach the exact opposite result. Read More...
  Filed under: Douglas W. Kmiec, Heller, Supreme Court, DC, Second Amendment, guns

• Heller's opportunity to put Law over Politics

  Posted Tuesday, March 18, 2008 12:21 PM by Doug Kmiec
  
  
  
  Is the Roberts Court about law or politics? The DC gun case gives the Justices a unique opportunity to try out an internal procedure that might silence those who insist that Supreme Court judgment consists of little more than 4 conservatives arrayed against 4 liberals moderated by Justice Kennedy's perspective du jour. Read More...
  Filed under: Douglas W. Kmiec, Heller, gun control, John Roberts, Supreme Court, Roberts Court, DC, Second Amendment

• Positive Liberties at the Point of a Gun or Constitutional Obsolescence?

  Posted Monday, March 17, 2008 4:10 PM by Doug Kmiec
  
  
  
  [Doug Kmiec] Oh, Second Amendment, we hardly knew ye. The Second Amendment has two main parts: a preamble and an operative provision. The preamble: "a well regulated militia, being necessary to the security of a free state," is a statement of purpose. Read More...
  Filed under: Douglas W. Kmiec, Heller, Roberts Court, DC, Second Amendment

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