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3min chapter
The Modern History of Originalism
We the People
The Originalism of the Second Amendment
Joel Shreve: The second amendment case that the court recently decided involving New York's concealed carry law is a window into various parts of originalism. Justice Thomas in the majority argued that both the original public meaning and its historical gloss over time required judges to look to historical analogs for restrictions on the right to bear arms. He says part of the debate between the majority and the dissent in Bruin is just a methodological debate about originalism itself.Shreve: I do think that there are a lot of procedural questions that are left unresolved in Bruin, which we'll have to look to subsequent cases to see how they're cashed out.
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