Harvard Law Review: 2A As A Normal Right

[30 cal slut]

Just a few decades behind Yale.

;)

http://harvardlawreview.org/2014/04/the-second-amendment-as-a-normal-right/

[Koshinn]

Just a few decades behind Yale.

;)

http://harvardlawreview.org/2014/04/the-second-amendment-as-a-normal-right/

You know that law review articles don't necessarily reflect the views of the law school, right? And in this case, it probably doesn't.

But the article on Peruta was written by the guy who argued Heller and McDonald, one of the most important lawyers in modern times. I mean regardless of where you stand on the issues, he won two cases at scotus that drastically changed how many states interpret the second amendment. That's huge, so of course Harvard will publish him. Hell, I bet UC Hastings or UC Berkeley would publish that article too if given the chance, and you can imagine how left wing those two schools are.

[WillBrink]

You know that law review articles don't necessarily reflect the views of the law school, right? And in this case, it probably doesn't.

But the article on Peruta was written by the guy who argued Heller and McDonald, one of the most important lawyers in modern times. I mean regardless of where you stand on the issues, he won two cases at scotus that drastically changed how many states interpret the second amendment. That's huge, so of course Harvard will publish him. Hell, I bet UC Hastings or UC Berkeley would publish that article too if given the chance, and you can imagine how left wing those two schools are.

Of interest, the law school had a shooting club (re)started by Alexander "Sasha" Volokh, younger brother of well known 2A supporter Eugene Volokh of UCLA School of Law. I don't know the status since Sasha graduated and moved on, but the club existed much the chagrin of the law school and it's more left leaning members as you'd imagine:

http://www.volokh.com/sasha/guns.html

http://www.thecrimson.com/article/2010/11/19/team-club-shooting-group/

[montanadave]

Smart voices get heard, regardless of political leanings. Justice Scalia graduated Harvard Law and was an editor of the Harvard Law Review.

[yellowfin]

You know that law review articles don't necessarily reflect the views of the law school, right? And in this case, it probably doesn't.Then we need to get to work on changing that. For some stupid reason our side has let the anti gun ideology have free reign over the system that determines outcomes like this. I don't know why, but it needs to stop.

[Voodoo_Man]

He brings up some good points.

I cannot say that I see future rulings using Heller in any way that will help 2A, specifically from NY/NJ/CA, and the like.

Would be nice, but not holding my breath.

[Belloc]

Sorry, but he's wrong, or else the Founding Fathers were wrong.


"The court’s decision in Peruta v. County of San Diego effectively struck down the Golden State’s requirement that individuals wishing to carry a handgun in public for self-defense demonstrate “good cause” to exercise what is, in fact, a fundamental constitutional right."

Sorry, but no, it is not a "fundamental constitutional right" but a constitutionally protected fundamental right. Neither its fundamental nature, nor its ontological reality, are in any way diminished or less real if the 2nd Amendment was in fact never written or scrapped tomorrow. The authors of the Constitution recognised the reality of this fundamental right. They did not simply invent it or somehow magically conjure it into existence.

[Denali]

Sorry, but he's wrong, or else the Founding Fathers were wrong.



Sorry, but no, it is not a "fundamental constitutional right" but a constitutionally protected fundamental right. Neither its fundamental nature, nor its ontological reality, are in any way diminished or less real if the 2nd Amendment was in fact never written or scrapped tomorrow. The authors of the Constitution recognised the reality of this fundamental right. They did not simply invent it or somehow magically conjure it into existence.

You are of course correct, such clever rewording is not happenstance, it is precisely the mechanism that was used to marginalize the 2nd for the last 70-80 years or so! This and the clever dispensing of historical precedent and the absolute blind adherence to the legislative model is exactly how the subversion of the American nation has been accomplished!


Perhaps in some cases a studied commitment to atheism leads one to the priesthood, but judges doubtless understand the advantage of Justice Breyer’s approach in sanctioning just about any result they would like to reach. Dispensing with the constraints of text and history, and deferring absolutely to legislative “judgment” overcomes any constitutional “right.”

They have for at least the last century, acted from the presumption that any of your rights are subject to approval when it suits the prevailing political mood, except of course the right to an abortion, that one in the age of totalitarian democratic socialism, is sacrosanct...

[Koshinn]

Yes, the lawyer that has arguably done more for 2A rights in the last century than anyone else is actually trying to marginalize and undermine the 2A.

This makes total sense.

[Denali]

Yes, the lawyer that has arguably done more for 2A rights in the last century than anyone else is actually trying to marginalize and undermine the 2A.

This makes total sense.

I'm not taking any issue with the OP, nor is my response in any way impugning his contributions, you have taken my response out of its context...

[exkc135driver]

You know that law review articles don't necessarily reflect the views of the law school, right?

Law reviews are produced and edited by the editors of the law review in question (duh) ... who are students at the law school, not faculty. There will be a faculty advisor, but the students pretty much control what gets published in the review. The bad news is, that since university students everywhere are mostly young and mostly liberal, the gun community need not expect that much pro-Second Amendment articles will be published. Heller, of course, was an exception as it is a major case.

It is an unfortunate fact that we have few friends in academia.