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Courts MAY Look At the 19th Century (but not how you think...)

Courts MAY Look At the 19th Century (but not how you think...)

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Published on November 21, 2022
Duration: 8:29

This video delves into the historical interpretation of the Second Amendment by courts, focusing on when and how 18th and 19th-century legal precedents are considered. It explains that courts primarily look to 1791 history for understanding the original intent of the Second Amendment. However, it highlights a specific scenario where post-Civil War 1868 history might be referenced to inform interpretations. The content features constitutional attorney Mark W. Smith, discussing his expertise and past work, including scholarship used by lawyers and quoted by a federal judge.

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