The Case for Repealing the Second Amendment? The Historical Barriers to Constitutional Change

The controversy surrounding the Second Amendment-"the right of the people to keep and bear arms"-is, to a large extent, historical in nature, redolent of other matters in this country's legal and constitutional past. But the historical analogies that might support the Amendment's repeal do not permit easy conclusions. The issue demands that legal historians venture beyond familiar territory to confront unavoidable problems at the intersection of theory and practice and of constitutional law and popular constitutionalism. An interdisciplinary analysis of Lichtman's Repeal the Second Amendment illuminates the political, legal, and constitutional dimensions-as well as the perils-of undertaking the arduous amending process permitted by Article V of the U.S. Constitution

Constitution · Constitutional amendment · Constitutional law · Constitutionalism · Democracy · First amendment · Political science · Politics · Repeal · Sociology · American Constitutional Law and Politics · Criminal Law and Evidence · Judicial and Constitutional Studies · Law

• More Statistics, Less Persuasion

  Dan M Kahan, Donald Braman•University of Pennsylvania Law…•2003

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