- Collection:
- Georgia Law Review
- Title:
- What McDonald Means for Unenumerated Rights
- Creator:
- Bryant, A. Christopher
- Date of Original:
- 2011-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
Georgia Law Review Association - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- essays
- Type:
- Text
- Format:
- application/pdf
- Description:
- In June a splintered Supreme Court held in McDonald
v. City of Chicago that the Second Amendment applied to
state and local governments. But the case was about much more than handguns. It presented the Court with
an unprecedented opportunity to correct its own erroneous
precedent and revive the Fourteenth Amendment's
Privileges or Immunities Clause. The plurality declined
the offer not, as Justice Alito's opinion suggested, out of a
profound respect for stare decisis, but rather because at
least four Justices like the consequences of that ancient
error, especially insofar as unenumerated rights are
concerned. This observation in turn raises questions
about interpretative method and the Court's fidelity to the
written Constitution.
Unenumerated Rights -- McDonald -- Constitutional Law -- Law -- Supreme Court of the United States - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/glr/vol45/iss4/4
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
