3 ms·
Heller is an interesting one, though I disagree with your statement that it was invented from whole cloth. I see Heller as a good example of constitutional cons
by nickff 6y ago
Heller is an interesting one, though I disagree with your statement that it was invented from whole cloth. I see Heller as a good example of constitutional consistency. Over time, the courts have developed a range of standards, each of which applies to one or two amendments. I hope Heller is the first step in a rationalization of constitutional law, as there is no reason for certain rights to be more or less protected than others.
As to Marbury v. Madison, even (some) originalists believe in stare decisis, though it is a controversial topic.