Heller Sequels And 2nd Amendment, Still Undecided: Part 1

By Robert W. Ludwig (July 20, 2017, 3:07 PM EDT) -- It has been nearly a decade since District of Columbia v. Heller, 554 U.S. 570 (2008), overturned D.C.'s handgun ban and 200 years of understanding. The Second Amendment to the U.S. Constitution's Militia Clauses (providing for "common Defence" and "calling forth the Militia" to "suppress Insurrections") was traditionally held to protect the states' right to "keep and bear Arms" through "well regulated Militia." A bare (5-4) conservative majority of the U.S. Supreme Court implied in the amendment, in dicta, an individual right of self-defense, "to possess and carry weapons in case of confrontation," limited by its holding to a right of "handgun possession" and "to carry it in the home." As extraordinary as that phrasing, it further implied, in dicta, a related right to insurrection as a safeguard against tyranny. In 2010, an even more splintered plurality extended the new right (or rights) against the states (McDonald v. Chicago, 561 U.S. 742), striking down Chicago's ban....

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