This interview explores the historical origins of the Anglo-American right to bear arms, tracing its evolution from a duty in England to a fundamental right in America. Professor Joyce Lee Malcolm details the English experience, highlighting key events like the English Civil War and the Glorious Revolution, and contrasts it with the current state of gun rights in Great Britain. The discussion emphasizes how the English right influenced the Second Amendment, noting its more robust nature in the US.
The Hawaii Supreme Court upheld restrictive gun laws by citing the 'Aloha Spirit,' which the court interpreted as allowing the government to disarm citizens, despite this not being a direct interpretation of the Second Amendment. Separately, the US Supreme Court has been asked to review Maryland's assault weapons ban, with plaintiffs arguing that lower courts are misapplying the Bruen decision. The legal landscape for gun rights remains complex, with state courts often exhibiting inconsistent interpretations of constitutional protections.
This video explains the historical significance of William Blackstone's 'Commentaries on the Laws of England' for understanding the Second Amendment. It highlights that Blackstone's work, widely read by the Founding Fathers, supports the interpretation of the Second Amendment as protecting an individual right to self-defense and the right to keep and bear commonly owned arms.
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