Originalism & the 2nd Amendment
The Second Amendment and our modern right to bear arms are entwined with a legal philosophy called "originalism," according to 2A scholar, Professor Jake Charles. Originalism is like a time capsule for the U.S. Constitution, suggesting that we should understand and interpret its words just as they were intended back when they were written.
This approach has a huge impact on how we view the Second Amendment today. The Supreme Court's recent decisions on gun rights have been like historical detective work, trying to piece together the 18th-century mindset on weapons and ownership rights. In landmark cases like District of Columbia v. Heller and New York State Rifle & Pistol v. Bruen, the court has dug into history books and legal traditions, aiming to apply the original meaning of the Second Amendment to today's gun laws.
Yet, originalism sparks quite the debate. It's not easy to get into the heads of the Constitution's framers, and some question whether we should be governed by the past's perspectives, which may not fit today's society. Others argue for originalism's consistency and respect for democratic principles, resisting the idea of judges altering the Constitution based on current trends or personal beliefs. This tug-of-war between past intent and present interpretation is more than just legal jargon — it's at the heart of ongoing national conversations about rights, history, and the law.
Jake Charles is a professor of law at Pepperdine Law School. This video was created in collaboration with the Duke Center for Firearms Law.
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