Bill Clinton’s invocation of Timothy McVeigh in connection with the Tea Party movement caused me to recall my review of a book on the Waco massacre that was a motivation for McVeigh. The book under review was Reavis, The Ashes of Waco, and it appeared in the Times Literary Supplement in 1995. Re-reading it for […]
Archive | Militia
Destroying the Constitution’s Structure is not Constitutional
By David Kopel on April 2, 2010 3:38 am in Constitutional History, Constitutional Theory, Federalism, Fourteenth Amendment, Health Care, Militia, Taxes
Thus far, the argument among law professors over the constitutionality of Obamacare has been well represented by scholars who have made pro and con arguments over particular clauses in the constitution, such as the interstate commerce clause, or the tax power. In this post, I would like to examine an insight by Jonathan Turley, which […]
State court standards of review for the right to arms
That’s that title of a forthcoming article in a Santa Clara Law Review symposium, by Clayton Cramer and me. We examine, in detail, scores of important cases, from Bliss v. Commonwealth in 1822 up to the present. We explain which cases can provide useful guidance to modern courts which must interpret the Second Amendment (and which […]
New article on the right to arms in early Pennsylvania
The Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich, 19 Widener Law Journal (forthcoming 2010). By Clayton Cramer and me. Abstract: Historian Nathan Kozuskanich claims that the Second Amendment-like the arms provision of the 1776 Pennsylvania Constitution-is only a guarantee of a right of individuals to participate in the militia, in […]