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Killing Zombies at the Justice Monastery

Advisory Opinions

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The Difference Between History and Tradition in the Second Amendment

Judge Newsom on the 11th circuit has actually weighed in on this just a little bit in a concurrence at concurring with himself, by the way. The duly adopted and ratified text of the Second Amendment as originally and thus historically understood governs the interpretive inquiry. To the extent that quote tradition is meant to stand for the original, i.e. historical public meeting of the words on the page is duplicative. And to the extent that it is meant to expand the inquiry beyond the original public meeting say to encompass latter day but still kind of oldish understandings, it misdirects the inquiry. So David, that's the most definitive take I could find on the work that

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