Natural vs. Positive Rights in America

The Supreme Court’s ruling in 2022 changed the established methodology for evaluating Second Amendment cases. What was the existing methodology, and what does this shift signify for future interpretations?

We sit down with Joel Alicea, Professor of Law and Director, the Center for the Constitution and the Catholic Intellectual Tradition at the Columbus School of Law at the Catholic University of America.

We discuss the implication of the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen and the new methodology relates to originalist interpretations. He answers questions on how courts define “tradition” when using it as legal reasoning, and the limitations it can pose. Finally, Alicea offers a nuanced perspective on the application of gun rights in America with recognition of America’s complicated relationship with firearms.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

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