New Law Review Article, Prof. Glenn Reynolds

[Kirk Freeman]

Professor Glenn Reynolds, University of Tennesee, School of Law, in conjunction with Professor Brannon Denning, Samford University, has a new law review article which is a response to a fellow law professor's article attacking the Federal No. 46 model of the RKBA. In summary:

In response to Gregory Magarian's Speaking Truth to Firepower: How the First Amendment Destabilizes the Second, 91 TEXAS L. REV. 49, 53–72 (2012), we argue first that the strict dichotomy he posits between an individual right to keep and bear arms aimed at deterring (and furnishing the means for ultimately opposing) governmental tyranny and a right securing the means for private self-defense is a false one. Further, we argue that, to the extent there is any tension between the First and Second Amendments, Heller and McDonald eased that tension by locating individual self-defense at the core of the right. Such “modernization” of the right is preferable to Magarian’s (implicit) conclusion that the Second Amendment should have no (or little) judicially enforceable content at all.

University of Texas Law Review: How to Stop Worrying and Learn to Love the Second Amendment: a Reply to Professor Magarian by Glenn Reynolds, Brannon Denning :: SSRN

 

[kludge]

First, I agree with SCOTUS in that the right of self defense predates the Consitution, and even without any connection to a militia a person has the RKBA.

Second, I don't feel that intent, per se, of the 2nd was to be a deterrent to tyranny (and given their huge egos, I've never met very many tyrants who were deterred by anything), although it may have that effect, but aside from self defense, the intent of the 2nd was to enable, empower, and preserve the militia because "standing armies are the bane of liberty."

 

[MTC]

Very enjoyable read from start to finish.

Thanks for sharing.

 

[actaeon277]

Against a common thug, or a tyranical government, it is still self defense. Only the order of magnitide has changed.
I do not understand why people try to make a distinction.