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Unpublished Paper
The Second Amendment´s Fixed Meaning and Multiple Purposes
ExpressO (2013)
  • Thiago L. B. Sturzenegger
Abstract

The Second Amendment’s Fixed Meaning and Multiple Purposes

The faith to the Constitution’s textual meaning may provide the interpreter with the ability to perceive the adaptability of a constitutional provision to different social and political contexts. The text of the Constitution refers to principles of law; principles that are indispensable in different ways throughout time. Textualism as a constitutional interpretation model may offer the path to a more versatile Constitution.

To support this statement, this work examines the cases in which the Supreme Court interpreted the Second Amendment to the Constitution. The focal point of interest is the uses of history and historic research in constitutional adjudication. The main argument is that the adoption of the textualist stream of originalism by the Court has enabled it to understand how the right to keep and bear arms has been crucial in different ways and in different contexts throughout American history.

Publication Date
January 29, 2013
Citation Information
Thiago L. B. Sturzenegger. "The Second Amendment´s Fixed Meaning and Multiple Purposes" ExpressO (2013)
Available at: http://works.bepress.com/thiago_sturzenegger/1/