[Opinion] Text and history, not history and tradition

Text and history, not history and tradition

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation. It is widely believed that the Supreme Court adjudicates Second Amendment claims using a “history and tradition” test. The label (sometimes referred to as “text, history, and tradition”) has the potential to mislead, with bad consequences for Second Amendment litigation and beyond. This month’s column explains why I believe the label is…