The Yale Law Journal

Darrell A.H. Miller


Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second

Darrell A.H. Miller

122 Yale L.J. 852 (2013).

In District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court made seemingly irreconcilable demands on lower courts: evaluate Second Amendment claims through history, avoid balancing, and retain as much regulation as possible. To date, lower courts hav…