Blocher and Miller offer a comprehensive account of the past, present, and future of the Second Amendment in new book
In their new book, The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018), constitutional law scholars Joseph Blocher and Darrell Miller offer the first comprehensive account of the history, theory, and law of the right to keep and bear arms in the aftermath of District of Columbia v. Heller.
The Supreme Court’s 2008 ruling that the Second Amendment protects a private, personal right to own guns opened a whole new avenue for Second Amendment research, which had previously been almost solely focused on defining its scope, said Miller, the Melvin G. Shimm Professor of Law. “The real question now is how to think through the post-Heller world and apply the Second Amendment as law. The private purposes theory was not constitutional law before 2008; no federal court struck down a law based on a private purposes theory before then, and our book is an attempt to wrestle with what it means now that we understand the amendment as constitutional law in that sense.”
Added Blocher, the Lanty L. Smith ’67 Professor of Law: “We are trying to build and share a tool kit to answer the myriad Second Amendment questions that are still on the table.”