Zick on the Second Amendment as a Fundamental Right

Timothy Zick (William & Mary Law School) has posted The Second Amendment as a Fundamental Right (Hastings Constitutional Law Quarterly, Vol. 46, No. 3, 2019) on SSRN.  Here is the abstract: The Second Amendment has been suffering from an inferiority complex. Litigants, scholars, and judges have complained that the right to keep and bear arms is not being afforded the respect and dignity befitting a fundamental constitutional right. They have asserted that on its own terms and relative to rights in the same general class, the Second Amendment is being disrespected, under-enforced, and even orphaned. Reviewing the available evidence, this Article, which is part of a symposium concerning the Second Amendment in the first decade after District of Columbia v. Heller (2008), generally rejects second-class claims as either false or significantly overstated. Many of the claims are based on false premises, including the notion that the Supreme Court and lower courts…

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