New Books Network S4 E40 Interpretations of the Second Amendment: A Conversation with Joel Alicea
May 29, 2025
Join Joel Alicea, a law professor and director at the Columbus School of Law, as he unpacks the Supreme Court's pivotal 2022 decision in New York State Rifle & Pistol Association v. Bruen. He explains the shift from scrutiny-based evaluations to originalist interpretations of the Second Amendment. Alicea delves into how courts define 'tradition' in legal reasoning, the challenges of contemporary gun rights in America, and the implications of historical context on broader constitutional rights. It's a thought-provoking dialogue on the intersection of law and society.
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Bruen's New Methodology Shift
- Bruen replaced the traditional interest-balancing tiers of scrutiny with a two-step historical test for Second Amendment cases.
- Judges now focus on text and history instead of assessing the government's compelling interests directly.
Tiers of Scrutiny vs Bruen Test
- Tiers of scrutiny involve judges balancing governmental interests and means using varying strictness levels.
- Bruen rejects this, favoring a historical tradition approach over judicial policy balancing to protect rights.
Natural vs Positive Rights Explained
- Natural rights exist independently of government and can be regulated for the common good.
- Positive rights are created by governments to concretize natural rights through laws and institutions.