Madison's Notes S4 E40 Interpretations of the Second Amendment: A Conversation with Joel Alicea
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May 29, 2025 In this insightful discussion, Joel Alicea, a law professor with a focus on constitutional law, explores the Supreme Court's pivotal 2022 ruling in New York State Rifle & Pistol Association v. Bruen. He delves into the shift from interest balancing to historical analysis in evaluating Second Amendment rights. Alicea examines the critical distinctions between natural and positive rights, emphasizing civic engagement to protect individual freedoms. He also considers how the Bruin framework could apply to other constitutional rights, illuminating the evolving landscape of gun rights in America.
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Bruen's Text and History Test
- The Bruen ruling established a new test focusing on the text and history of the Second Amendment instead of judge-led interest balancing.
- This method relies on historical tradition, limiting subjective judicial evaluations of gun regulations.
Contrast: Bruen vs. Tiers of Scrutiny
- Bruen's two-step method contrasts tiers of scrutiny by prioritizing historical proof over judge's policy views.
- The government must historically justify firearm restrictions rather than prove compelling interests.
Natural vs. Positive Rights
- Natural rights exist independently of government, like self-defense; positive rights arise from government, like habeas corpus.
- The Framers' concepts distinguished between inalienable rights and rights subject to regulation.