Strict scrutiny for Second Amendment rights?

Slate's blog on legal issues.
March 21 2008 1:46 PM

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 "thatcitizens would be able to carry guns with them pretty much anywhere,anyplace, for any reason. For such is the result at least traditionalstrict scrutiny of regulation of a fundamental right would most likelybring."

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?

Jack M. Balkin is Knight professor of constitutional law and the First Amendment at Yale Law School.

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