Question
Kaplan Chapter 12] At several times in Ch. 12, Kaplan mentions how legislatures (both Congress and state legislatures) refused to act in post-Heller times for
Kaplan Chapter 12] At several times in Ch. 12, Kaplan mentions how legislatures (both Congress and state legislatures) refused to act in post-Heller times for fear of Court intervention. Instead,much of the "action" for gun rights happened within the courts system aimed at then-current laws. In your opinion, is this the "correct" way for U.S. law and policy to play out? Is the "chilling effect" the Court may place on legislatures what the Founders' had in mind when crafting the Constitution? How does this discussion tie in with the Hamiltonian theory of the judiciary being the "least dangerous branch?"
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