Constitution's Most Controversial and Misunderstood Provision Symposium Article

Penrose, Meg

Journal: Connecticut Law Review

Year: 2014

Bluebook Citation: CONN. L. REV.

Author: Meg Penrose: all 12 publications


Abstract

This Article seeks to return to the intent of the Symposium, which was to stimulate a meaningful dialogue on the modern Second Amendment. More specifically, it proposes a return to the states’ rights model that predated the Supreme Court’s narrow decisions in District of Columbia v. Heller and McDonald v. City of Chicago by using the Article V process set forth directly in the Constitution to address modern concerns about firearms. The proposal flows from a healthy skepticism about the role of the federal government in interpreting gun regulations, as well as a desire to avoid the inevitable follow-up decisions from a very fractured and often unpredictable Supreme Court.

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