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The Ambitions of History and Tradition in and Beyond the Second Amendment - Penn Law Review
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The Ambitions of History and Tradition in and Beyond the Second Amendment - Penn Law Review
This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts Court rejected means-end review in favor of a historical-analogical approach, claiming to constrain the exercise of judicial discretion and thus to promote the democratic decisions of the founders. But our examination of these cases shows that the Court has created new opportunities for judges to advance their …
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