Is a public-carry law only unconstitutional where “historical evidence clearly commands” that result?

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The Harvard Law Review published an unsigned student note on Young v. Hawaii.  (All student notes on HLR are unsigned). In that case, the Ninth Circuit declared unconstitutional Hawaii’s prohibition on open-carry. Recently, the Court of Appeals granted rehearing en banc. That decision will likely be reversed.

The note argues that originalism requires something of a clear statement rule: unless constitutional history is “clear,” then the court should defer to the democratic branches. The note explains:

Young‘s shortcomings point to a broader lesson about Second Amendment analysis: where balanced historical review fails to reveal a single public meaning, reading the record

Read more    Source: reason.com

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