![]() ![]() ![]() East Cleveland under the Due Process Clause is a strong candidate for the appropriate framework for thinking about rights and responsibilities under Heller for gun control regulation, as is the undue burden standard of Planned Parenthood v. We argue that a form of intermediate scrutiny analogous to that of Moore v. We address the myth of strict scrutiny for Second Amendment rights, pointing out the wide latitude that protecting an individual right to bear arms, like other rights, leaves for government to encourage responsible exercise of the right. We highlight several dimensions of responsibility talk in the discourse concerning the individual right to bear arms, including in District of Columbia v. ![]() We argue that, notwithstanding the rhetoric of rights absolutism, ordered gun liberty supports a “reasonable right to bear arms” that also recognizes the proper role of regulation. ![]() This article addresses a conundrum concerning this right: there is no individual right that cries out more for governmental encouragement of responsibility concerning its exercise and for governmental regulation to promote safety and to protect from harm, and yet there is no individual right whose defenders more strenuously reject such governmental promotion of responsibility and regulation. We offer some preliminary thoughts about “ordered gun liberty” – the indvidual right to bear arms in relation to responsibilities, virtues, and regulation. Examine whether the Constitution has fostered a pathological rights culture of rights without responsibilities and regulation. ![]()
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