“If the Second Amendment is read to confer a personal right to ‘keep and bear arms,’ a colorable argument exists that the Federal Government’s regulatory scheme, at least as it pertains to the purely intrastate sale or possession of firearms, runs afoul of that Amendment’s protections. […] Marshalling an impressive array of historical evidence, a…
Our government… teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. Louis D. Brandeis Political discourse in America typically follows familiar patterns: partisan arguments that reduce governance to team sports, emotional appeals that…
The System, Not the Slogan Modern constitutional democracy (republic) is best defended as a system rather than a slogan: a mutually reinforcing set of legal rules, institutions, technologies, and civic norms that constrain arbitrary power while enabling effective governance. Contemporary stressors—polarization, executive aggrandizement, emergency governance, populist majoritarianism, disinformation, surveillance and rapid technological change, cyber conflict,…