A TV line about who’s got the gun explains the whole Second Amendment. Don’t give yours up. Don’t let it be taken. Even Hillel understood the principle. A character on a television show said it in passing, almost as an aside. The natural order of things is whoever has got a gun on them. No music swelled.
Read MoreWill some lower courts continue looking for ways to uphold gun-control laws despite Wolford? Almost certainly. We’ve seen that pattern before. But Wolford matters because it closes off another avenue of judicial evasion. Every time the Supreme Court clarifies the Second Amendment, it becomes harder for lower courts to sidestep the Constitution without increasing the
Read MoreMost people are focusing on the marijuana aspect of Hemani. I think they’re missing the bigger story. The Supreme Court repeatedly emphasized pre-deprivation process: the government must give you your day in court before it takes away a constitutional right. That’s a serious problem for red flag laws, which typically seize firearms first and provide
Read MoreThe Supreme Court did not say the government can’t keep guns away from dangerous people. It can still prosecute people who are intoxicated, genuinely dangerous, or whose drug use can be shown to make them a real risk. What the Court did say is that the government can’t simply strip away a constitutional right because
Read MoreClarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession
The real significance of Justice Thomas’ concurrence isn’t just about gun rights—it’s about the constitutional limits on federal power. If Congress can regulate virtually anything merely because it once crossed a state line, then the Constitution’s system of limited, enumerated powers loses much of its meaning. This is a legally dense article, but it’s well
Read MoreI believe governments—regardless of party—are generally more comfortable with a population that is unarmed or whose arms are subject to government approval. That’s why the Constitution begins with “We the People,” not “We the Government.” The founders understood that liberty is not granted by government; government is granted its authority by the people. Therefore, We
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