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Second Amendment

Sotomayor's Decision in the Second Amendment Case

July 14, 2009

     Here is a more complete analysis of the Second Circuit's decision earlier this year in Maloney v. Cuomo , the Second Amendment case in which Judge Sotomayor participated.

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Sotomayor's First Day of Hearings: Gun Rights and Foreign Law

July 13, 2009

     Two additional topics were raised today in Judge Sonia Sotomayor's first day of confirmation hearings before the Senate Judiciary Committee: the Second Amendment and the influence of foreign law on the interpretation of the Constitution.  Links below, additional analysis will follow tomorrow.

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Why People Disagree About the Meaning of the Constitution: Intratextual Arguments

October 7, 2008

     One way of divining the meaning of the Constitution is to treat it as a dictionary or better yet a codex – as if you were faced with deciphering a large block of hieroglyphics with only internal clues to work with.

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Scalia unbound

June 30, 2008

Here's an observation from Dahlia Lithwick on the Heller decision (concluding that the Second Amendment guarantees an individual right to own a handgun):
But I must first pass along this rather brilliant observation from professor Stephen Wermiel from American University, who wonders why none of the dissenters cautioned the majority that today's decision"will almost certainly cause [...]

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