From Law Reviews to Law of the Land: Sandy Levinson, the Second Amendment, and the Making of D. C. v. Heller
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This project is divided broadly into six sections. The first section chronicles the jurisprudence of the high court from United States v. Miller to the late 1980s. The next section analyzes and places into context the work of Levinson and Amar, while also tracking the impact of their thoughts on the legal community and popular discussion of the topic. The next section shows the jurisprudential track leading to the decision of the high court in D. C. v. Heller. This is done by viewing the work of sitting Supreme Court Justices Antonin Scalia and Clarence Thomas in pushing the issue, countervailing opinions on the Second Amendment issued by the Fifth and Ninth Circuit Courts, as well as the push from the Bush Administration and how Tribe switched allegiances in this debate. The subsequent section analyzes the opinion in D.C. v. Heller, discusses the reactions to the decision by Levinson, Amar, and Tribe, and summarizes the state of the Second Amendment today. The final section looks at the future of Second Amendment legal thought and jurisprudence, and the ramifications of all of this for the American people.