Why Jacob Howard Matters: A Message to Progressive Constitutional Scholars

Why Jacob Howard Matters: A Message to Progressive Constitutional Scholars

Why Jacob Howard Matters: A Message to Progressive Constitutional Scholars

Slate's blog on legal issues.
March 21 2008 9:21 AM

Why Jacob Howard Matters: A Message to Progressive Constitutional Scholars

 

In response to my post on the purposes behind the Fourteenth Amendment and the light they shed on the right to keep and bear arms, Deborah Pearlstein says she "need[s] some help understanding the evidentiary weight Ishould accord Senator Howard's remarks about the Fourteenth Amendmentto our understanding of the meaning of Second." I'm happy to comply.Although what I have to say is formally in response to Deborah'squestions, in fact Deborah is really giving me an excuse to say alittle bit about the constitutional history of Reconstruction,America's second founding. I offer these remarks to all of my fellowprogressive constitutional scholars.

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