The least discussed element of District of Columbia v. Heller might ultimately be the most important: the battle between the majority and dissent over the use of categoricalism and balancing in the construction of constitutional doctrine. In Heller, Justice Scalia’s categoricalism essentially prevailed over Justice Breyer’s balancing approach. But as the opinion itself demonstrates, Second Amendment categoricalism raises extremely difficult and still-unanswered questions about how to draw and justify the lines between protected and unprotected “Arms,” people, and arms-bearing purposes. At least until balancing tests appear in Second Amendment doctrine—as they almost inevitably will—the future of the Amendment will depend almost entirely on the placement and clarity of these categories. And unless the Court better identifies the core values of the Second Amendment, it will be difficult to give the categories any principled justification.

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Categoricalism and Balancing in First and Second Amendment Analysis

Roe v. Wade Inverted: How the Supreme Court Might Have Privileged Fetal Rights Over Reproductive Freedoms

In this chapter, the author will analyze the development of constitution between China and the Visegrad States during the transformation period. Here, the author defined the transformation period which started from 1989, and finished until the new constitution adopted. However, the maturation time was hardly to be defined in an exact time point. Therefore, here the author roughly defined it the second half of 1990s. Besides, the implementation of constitution required a special organ guarantee the constitutionality in the state. Therefore, in this chapter, the author will also examine the constitutional review system in each state and make a comparative analysis.

Development of the Constitutions in China and the Visegrad States After the Transformation Period

https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1467&context=ndlr

Jack Wade Nowlin

Papers

The Judicial Restraint Amendment: Populist Constitutional Reform in the Spirit of the Bill of Rights