Advisory Opinions cover image

Is ‘Text, History, and Tradition’ Alive and Well?

Advisory Opinions

CHAPTER

The Evolution of Originalism and Second Amendment Challenges

This chapter explores the development of originalism 3.0 by Justice Thomas, examining its evolution post-Scalia and its implications on the court's interpretation of the Second Amendment. It discusses the application of the text history and tradition test in the Rahimi case, highlighting the court's differing opinions and how they handle Second Amendment challenges. The chapter also delves into the relationship between originalism, levels of scrutiny, and the impact of Justice Scalia's legacy on the increasing prevalence of originalism in constitutional interpretation.

00:00
Transcript
Play full episode

Remember Everything You Learn from Podcasts

Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
App store bannerPlay store banner