Let's also discuss Justice Breyer's dissent in McDonald.
Here are a few of his points:
1. "There is no popular consensus that the private self-defense right in Heller is fundamental." p. 481
2. "Nor will incorporation help to assure equal respect for individuals." p. 490
3. P. 491: Breyer embraces federalism--"the ability of the States to reflect local preferences and conditions." For abortion? For marriage definition? For religious displays in the public square? Or only when the issue is gun rights?
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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