This Article critiques the Supreme Court’s use of text, history, and tradition in New York Rifle & Pistol Association, Inc. v. Bruen. In doing so, not only is the Supreme Court’s approach to history-in-law in Bruen called into question, but also the Article provides the courts with an historically objective and even-keeled ‘way-ahead’ for future Second Amendment cases and controversies.
Patrick J. Charles,
The Fugazi Second Amendment: Bruen's Text, History, and Tradition Problem and How to Fix It,
71 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol71/iss3/6