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Elena Kagan on Gun Control

 

 


2nd Amendment confers individual right, not broad principle

Sen. Jeff SESSIONS: You stated that ours is a Constitution "that has all kinds of provisions in it, so there are some that are very specific provisions. But there are other kinds of provisions meant to be interpreted over time, to be applied to new situations and new factual contexts. Sometimes they laid down broad principles." Would you classify the 2nd Amendment as a "very specific provision" or a "broad principle"?

KAGAN: I did not mean to suggest that all constitutional provisions fall into one of two categories--"very specific provisions" or "broad principles." Rather, I meant that different constitutional provisions contain language at different levels of generality, which present different interpretive issues. The issue in DC v. Heller was whether the 2nd Amendment conferred an individual right to bear arms or merely a collective right associated with militias. The Court considered both the language & the history of the 2nd Amendment in deciding that it conferred an individual right.

Source: ScotusBlog.com on Elana Kagan confirmation hearing , Jul 9, 2012

Other Justices on Gun Control: Elena Kagan on other issues:
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Jun 09, 2017