Second Amendment Realism

13 Pages Posted: 26 Aug 2014 Last revised: 10 Nov 2014

See all articles by David Wolitz

David Wolitz

University of Tennessee College of Law

Date Written: October 1, 2014


Glenn Reynolds has written that the “Second Amendment is now ordinary constitutional law.” I agree with that statement, and in this Symposium piece, I argue that the development of Second Amendment jurisprudence and Second Amendment scholarship will now suffer all of the defects that come along with the practice of ordinary constitutional law — including significant and irreducible doctrinal indeterminacy, results-driven reasoning by judges and academics, judicial self-aggrandizement, centralization of decision-making in Washington, DC, and increasing left-right socio-political polarization. All of these factors tend toward a decrease in the legitimacy and prestige of the Supreme Court and a decrease in the legitimacy and prestige of constitutional law as an academic endeavor.

Keywords: Second Amendment, Constitutional interpretation, realism, spam jurisprudence, legal academia, indeterminacy

Suggested Citation

Wolitz, David, Second Amendment Realism (October 1, 2014). Tennessee Law Review, Vol. 81, p. 539, 2014, University of Tennessee Legal Studies Research Paper No. 257, Available at SSRN:

David Wolitz (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

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