Guns and Choice: The Robert’s Court’s Split Personality on «Our Federalism» (VaM Spezial)

Recent Supreme Court cases, in particular, Dobbs v. Jackson Women’s Health Organization and New York State Rifle and Pistol Association v. Bruen raise a plethora of legal issues in addition to the societal impact of each decision.  Two will be addressed in this lecture. One is the deference that the Court should show to precedent; and the other is under “Our Federalism” which government, state or federal, should be empowered to decide whether the right to choose or carry guns within its borders should be permitted. These are discrete issues, but not without overlap.  The lecture begins with a historical discussion of precedent and its role in constitutional interpretation before examining whether the two cases provide a consistent approach to the balance between state and federal powers in governing America.