2nd Amendment Really Is About An Individual Right

My headline originally used the word “confer” in stating what the 2nd Amendment does. But that is wrong — the Bill of Rights enumerates rights already possessed and limits the government’s ability to take them away.

It’s not that legislatures won’t try and judges won’t agree with them. Or that legislatures will try to make laws that further insure these rights and judges will disagree with them. The Constitution may not be a “living” document, but interpretation and (misinterpretation) of it are alive and well.

For the best commentary from people who actually know what they are talking about, head on over to The Volokh Conspiracy

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