Originalism and the Second Amendment
- Semester: Spring 2027
- Course ID: 296W
- Credit Hours: 2
-
Unique: 29948
Registration Status: Open
Course Information
- Grading Method: Pass/Fail Not Allowed
- Will use floating mean GPA if applicable
Registration Information
- Upperclass-only elective
Meeting Times
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Evaluation Method
| Type | Date | Time | Location |
|---|---|---|---|
| Paper |
Description
Guns and gun control are woven into the fabric of our Republic. On September 1, 1774, British Redcoats seized gunpowder in Massachusetts in the so-called “Powder Alarm.” That prompted the mobilization of tens of thousands of American militiamen, King George’s ban on importation of firearms into America, and widespread British gun-confiscation efforts—culminating in the bloody efforts to disarm Americans at Lexington and Concord. The Revolutionary War started with a literal battle over gun control.
Today, 250 years after our Declaration of Independence, guns remain at the forefront of American law. The Supreme Court’s approach to the Second Amendment is deeply originalist. And federal statutes governing gun ownership are the font of endless litigation in the federal courts more generally.
This course will explore three main themes. First, we will study the history and tradition of gun ownership in America. Second, we will examine the history of gun control in America—from the Powder Alarm to the various federal statutes passed by Congress. Third, we will explore the original meaning of the Second Amendment and the Supreme Court’s approach to it.
Our textbook will be JOHNSON, KOPEL, MOCSARY, WALLACE, AND KILMER’S FIREARMS LAW AND THE SECOND AMENDMENT (Aspen, 4th ed., 2026). We will have various distinguished guests throughout the semester, including Prof. Mocsary (who co-authored our textbook) and other experts in the field.
Grades will be determined by a paper.
Textbooks ( * denotes required )
ISBN: 9798894111315
Oldham, Andrew S.