Second Amendment: Not Constitutional Dysfunction, But Necessary Safeguard
15 Pages Posted: 13 Jun 2019
Date Written: 2014
Abstract
When Jim Fleming asked me to participate in this Symposium, and more specifically to be part of the Second Amendment panel, I must confess that I was a bit puzzled. There are many parts of our political and constitutional system that are arguably dysfunctional, meaning that our late-eighteenth century Constitution prevents the achievement of policy results that are desirable in our early-twenty-first century present. I do not see, however, the Second Amendment as one of those constitutional features. As a result, this Essay challenges two assumptions: first, that the Second Amendment historically has provided much of a barrier to a desirable policy result, radical gun control or perhaps more accurately gun prohibition; and second, that such a result is indeed desirable.
Keywords: Second Amendment, Militia, District of Columbia v. Heller, "right to bear arms", Gun control
JEL Classification: K14, K00
Suggested Citation: Suggested Citation