Episode #39
Today we will be discussing gun control. The show begins with a legal analysis of H.R. 127 which is the sweeping gun control bill drafted in a gross over-reaction to recent shootings.
H.R. 127 – https://www.congress.gov/117/bills/hr127/BILLS-117hr127ih.xml
18 U.S.C. Chapter 44, §§ 921-931 – https://www.law.cornell.edu/uscode/text/18/part-I/chapter-44
Then I walk you through a Textualist interpretation of the second amendment to demonstrate two points. The first is to provide you with the information to understand and independently verify that my claim “all federal gun control is unconstitutional”
Second, I want to expand on the topic I covered in my last video. About the failure of DC v Heller to provide a consistent, original public meaning of the second amendment as an individual right of armed self-defense. In this video I want to explain the method of legal analysis I use to interpret legal instruments known as Textualism. Many people get textualism and Originalism mixed up, or think they are the same thing. They do share many aspects but Textualism is a distinct method.
So let me talk a bit about some of the textual issues that came
up in Heller and that have come up since. I don’t want to focus
on repeating the arguments in Heller—those of you who are interested
have read Heller for yourselves. Rather, this discussion will
address some of the things we mean when we say “textualism,”
and some of the ways in which good textualists must go beyond
the text of the particular document being considered.
►00:00 Introduction
►04:10 H.R. 127
►10:30 Second Amendment Textualism
►47:00 Closing
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
