The Constitutional Politics Heller Launched

Abstract

In a recent essay in the New York Times, retired Supreme Court Justice John Paul Stevens called for the repeal of the Second Amendment. Summarizing arguments he had previously set forth in his dissent in District of Columbia v. Heller and a 2014 book, Justice Stevens contended that the Second Amendment, properly construed, poses no "limit on either federal or state authority to enact gun control legislation," because it does not protect an individual right. Given the low probability of the Court correcting its error in Heller in the near future, Justice Stevens urged the People to do so.

Keywords: New York Times, Supreme Court, Justice John Paul Stevens, Second Amendment, District of Columbia v. Heller, individual right