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Mark Tushnet: In reading over your responses, Saul, I was struck by the proposition that the Second Amendment, properly interpreted, would encompass only long guns – the equivalent of muskets – but not handguns. I think this is a non-starter. I begin with the question, “Why long guns – a general category – rather than […]
Mark Tushnet: A couple of things occurred to me. The less important question is this: You say that the citizen-rights view you offer “would certainly mean much more rigorous gun regulation.” Do you think that, on the view you find in the founding era, such rigorous gun regulation was thought to be required, or simply […]
Mark Tushnet: Hi Saul – First, let me say that I look forward to debating the arguments in your new book on the Second Amendment, A Well-Regulated Militia. As I read it, you make two “large” arguments, backed up of course with a lot of detail and qualifications. I’m going to sketch those arguments here, […]
Saul Cornell looks at the 2nd amendment.
By Saul Cornell Political reactions to the recent tragedy at Virginia Tech have been predictable. Leading Republicans invoke the 2nd amendment, or suggest arming students, while the Democratic leadership scrambles for cover seeking to avoid the wrath of NRA. If we are to make any progress in formulating effective gun policies that will reduce America’s […]
Cornell takes a closer look at the Parker v. District of Columbia case.
Part three of Originalism Right or Originalism Lite: The Curious Case of the 2nd Amendment
Part two of Originalism Right or Originalism Lite: The Curious Case of the 2nd Amendment.
The first part in a three-part series on the 2nd amendment.
by Saul Cornell Mayor Bloomberg’s recent summit on gun violence has revived an issue that many pundits and political soothsayers have written off as moribund. Few issues in American public life are more controversial than guns. Yet, even among hot button issues in American public life there is something perverse about the dynamics of the […]
Employment, education, healthcare, justice, housing. These are some of the central services in society because they help people live the best life they can. But it will come as no surprise to most people that access to these services and treatment at their hands differs greatly depending on whether you are a man or a woman, the way you are racialized, your sexuality, whether or not you have a disability, and so on.