TY - JOUR PY - 1998// TI - The commonplace second amendment JO - New York University law review A1 - Volokh, Eugene SP - 793 EP - 821 VL - 73 IS - 3 N2 - The Second Amendment is widely seen as quite unusual, because it has a justification clause as well as an operative clause. Professor Volokh points out that this structure was actually quite commonplace in American constitutions of the Framing era: State Bills of Rights contained justification clauses for many of the rights they secured. Looking at these state provisions, he suggests, cart shed light on how the similarly structured Second Amendment should be interpreted. In particular, the provisions show that constitutional rights will often-and for good reason-be written in ways that are to some extent overinclusive and to some extent underinclusive with respect to their stated justifications.
LA - SN - 0028-7881 UR - http://dx.doi.org/ ID - ref1 ER -