The Constitutional Politics Heller Launched

10 Pages Posted: 19 Oct 2020

Date Written: September 2018

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

Suggested Citation

Dorf, Michael C., The Constitutional Politics Heller Launched (September 2018). Duke Law Journal, Vol. 68, No. 8, 2018, Cornell Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3711539

Michael C. Dorf (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio.cfm?id=333

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