United States v. Rahimi tests the weak points of the history-and-tradition rule laid down in Bruen.
Nelson Lund
The historical-practice standard established by last year's landmark gun-rights case is proving to be manipulable in the lower courts.
The federal government regularly uses conditions on benefits as a tool to alter the Constitution's allocation of power.
In its recent decision in Young v. Hawaii, the Ninth Circuit has effectively deleted the right to "bear arms" from the Constitution.
Constitutional law has to be approached as law, not as political philosophy.
John Marshall’s famous opinion invited congressional overreach and gave inadequate weight to the powers of the states.
Nelson Lund is University Professor at George Mason University's Antonin Scalia Law School. He is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction (2016).