Historical Analysis of the U.S. Constitution

Understanding The Bobbitt Modalities

historical analysis of the u.s. constitution, second amendment, right to keep and bear arms, textualism, orignialism, judicial precedent, new jersey, criminal defense, juvenile defense, attorney, lawyerProf. Philip Bobbitt taught different approaches for interpreting Constitutional Law. These modalities include Textualism, Originalism, Judicial Precedent, and Historical Analysis of the U.S. Constitution.

  • Textualism – This modality determines word meaning in their immediate context. It is persuasive because the meaning of these words and their meaning are directly and immediately relevant to the court. But one weakness is this ignores other contextual clues.
  • Originalism – This modality involves the meaning of words to the people who wrote them. Indeed, Justice Antonin Scalia championed this modality in his jurisprudence. Read more

The Second Amendment and Gun Control

Affirming the Right to Keep and Bear Arms

As 2016 draws to a close, one cannot help but languish in the memory of all those who died this year. Sadly, United States Supreme Court Justice Antonin Scalia is among them. Among his many contributions to American society, Justice Scalia stood firmly for the right to keep and bear arms under the Constitution. With the Second Amendment on my mind, this post juxtaposes this constitutional right with New Jersey law, which favors gun control. Read more


Gun Control v. The Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. U.S. Const. amend. II.


GUNS REDUCE CRIME from Intelligence Squared U.S. on Vimeo

 

Dedication

Based on recent tragic events in America involving gun violence, I dedicate this post to the memory of the fallen. This is also dedicated in honor of the survivors within their families and communities, and all other mourners. Additionally, I dedicate this to those who sacrificed to secure our legal rights in America. Read more