This week, we look at the Second Amendment. The good news is that the Supreme Court has upheld an individual right to bear arms, but the bad news is that most lower courts haven’t gotten the message. Which part of “out of my cold, dead hands” don’t they understand? To help us out, we’ve brought in the heavy guns: George Mason Law Professor Nelson Lund, the Patrick Henry Professor of Constitutional Law and the Second Amendment, and Professor Eugene Volokh of UCLA Law School makes a return visit to Ricochet. We discuss the original understanding of the Second Amendment, as well as the Supreme Court’s landmark decision in DC v. Heller – and where Justice Scalia may have opened the door to lower court mischief.
Adam’s book, The Naked Constitution is now available! Order it here.