Project Title: Regulated Liberty: How to Interpret the 2nd Amendment's Oxymoron
BASIS Advisor: Mr. Lentz
Internship Location: Antonin Scalia Law School at George Mason University
Onsite Mentor: Professor Robert Leider
“Regulated Liberty” sounds like an oxymoron. Because it is. Everyone understands that order is necessary for safety, but what if there is a provision that specifically prohibits the abridgment of a right granted by founding documents? And to make it worse, what if it conflicts with the beginning that calls for some “well-regulation”? That is the issue at hand with the Second Amendment of the Constitution. The policy grants the right to bear firearms. At the beginning of the text, the prefatory clause calls for a well-regulated militia. The operative clause contains the four most controversial words: “shall not be infringed” with regard to the right to bear arms. This already leads to multiple questions: Who is the militia referring to? Normal people or the army? What does well-regulated mean? Is it to the standards of the military in terms of what guns can be sold? What are the limits of this contradiction? Thankfully the Supreme Court is here to examine those questions. In my research, I will work alongside Professor Robert Leider, who teaches at George Mason University and analyze various perspectives on the amendment via legal literature, court documents, and other scholarly articles. I will be qualifying the perspectives and choosing the more plausible ideas and then mixing them into an interpretation that seems to best fit the Amendment. I don’t seek to find an answer, but rather a “best answer” if you will.
My Posts
Week 10
Wow, This was my last week at my internship, and March felt like it went by just yesterday. I am truly very blessed to have had this opportunity to work as a legal scholar and read case law as well as scholarly articles. These will be major tasks that I will have to complete as […]
Week 9
Hi everyone! For my penultimate week of my internship, I met with Leider where we essentially wrapped things up for the final week. I have completed all of the assignments that he has asked me to do to his satisfaction, and now he would like me to focus on my paper. My rough draft of […]
Week 8
Hi again! This week I was unable to meet with my professor, instead we will meet next week. For my paper, I completed the second third of my rough draft and will continue forward to complete it this week. I am authoring my paper in a methodical way, completing 1 third every week. I found […]
Week 7
Hi again! I completed my investigation into what the words “shall not be infringed” mean in the operative clause, and the Wake Forest Article culminated into the following conclusion: “We don’t know.” So I found that mildly frustrating. Our next task is to see what the words “well regulated” meant from an article pulled from […]
Week 6
Hey everybody! While this week wasn’t as eventful as the last few, I still made some important progress towards my final paper and for Leider. This week he instructed me to complete a compilation of cases from the Reconstruction era to confirm that the purpose of the Second Amendment was to arm the militia. This […]
Week 5
Hey all! This week I completed my final 2 readings and my third assignment for Professor Leider. For Leider, I compiled a set of cases from the pre-civil war era that demonstrate clearly that the Second Amendment was meant to facilitate the arming of the militia. These cases were pulled from a previous article he […]
Week 4
Hey all! Professor Leider was very happy with my second research report, which he will use for reference in his paper-in-progress. My next task is to search through an article he wrote in 2014 for cases that intend to demonstrate how the Second Amendment facilitates the arming of the militia via its operative clause. I […]
Week 3
Hello again! For my third week, I read a paper by two scholars,William Merkel and Richard Uviller (Both left-leaning), for Professor Leider. It’s titled “The Second Amendment in Context,” and its main thesis is that the “militia” referenced in the prefatory clause no longer exists. The National Guard is the closest to what we have […]
Week 2
Hi again! This week I continued my double research tasks. Reading antebellum and civil war-era cases was what I spent most of my time doing. The objective here was just to gather historical context for how the Constitution and how some terms used it were defined and understood throughout history to draw some conclusions. For […]
1st Week!
For my first week, I got settled in at the Antonin Scalia Law School. I also gained access to Westlaw, a legal research database run by Thomson Reuters. Finally, I met with Professor Leider, who assigned me my first duties, which he expects to be completed by the end of this week. My first task […]
Introduction Blog
The realm of law is a very complex one by nature, and discussions about how to properly interpret its meaning. The men who wrote the Constitution are long gone, so they can’t answer our questions about what their texts mean. It’s up to us. My name is Rodrigo Gonzalez-Faz, and the objective of my work […]