3min chapter

5-4 cover image

DC v. Heller

5-4

CHAPTER

The Right to Bear Arms

Stevens and Descent have a different approach here. Scalia is trying to discern what the original understanding of the phrase, the right to keep and bear arms would mean to like Joe Schmo on the cobbled streets of Boston or wherever in 1791. Stevens is trying to find the original intent of like James Madison and the enacting Congress who drafted the amendment and ratified it. It's both of them are pursuing a historical originalist analysis.

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