The Problem With 'History and Tradition'
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The Supreme Court's History and Tradition Test
David Frum: The Supreme Court has put lower courts in a bind with its history and tradition test. He says there is no similar historical analogy on domestic violence restraining orders from the time of the founding. So according to this test, then it never was, he says; it's not consistent with the Second Amendment. "I think that that would fail like the LSAT logic problems," Frum adds.
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