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Heller decision attests, the stakes in this debate are not merely academic. Although a few left-leaning examples of originalism have emerged, the approach continues to be largely the province of the political right.
On Heller's connection to gun rights ideology and right wing politics, see Siegel, “Dead or Alive.” Heller is part of a larger assault on the modern New Deal regulatory state.
- Saul Cornell
- 2019
Sep 1, 2022 · But, Schmitt, Heller presciently argued, wished to elevate the ‘commissarial dictatorship’ of the President into a ‘sovereign dictatorship’, one in which the President has the extra-legal right to remake the constitution.
- David Dyzenhaus
- david.dyzenhaus@utoronto.ca
Nov 1, 2008 · Relating these two competing accounts of the opinion, this Comment shows how Heller’s originalism enforces understandings of the Second Amendment that were forged in the late twentieth century through popular constitutionalism.
Heller thus contains a confusing three-part analysis: (1) it approved of Verdugo-Urquidez’s interpretation; (2) it substituted “members of the political community” for “persons who are part of a national communi-ty”; and (3) it suggested that “the people” means the same thing throughout the Constitution.
that the author — a member of the Cato Institute who helped argue Heller — attributes both its result and its originalist reasoning to twentieth-century social movements); Posting of Adam Winkler to The Huffington Post, http://www.huffingtonpost.com/adam-winkler/justice-scalias-
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Jun 21, 2022 · Performing original public meaning originalism requires looking at how the general public used and understood language. But which portion of the public is the correct one for determining the Constitution’s meaning? Heller proposes two possibilities: voters and “ordinary” citizens.
