April 2, 2018

Listen to the Episode

From The Official Website:

Today’s episode takes an in-depth look at gun control. First, we answer two listener questions about originalism and the Second Amendment, including a provocative one about whether DC v. Heller deserves stare decisis respect under Andrew’s model of jurisprudence. The answer may surprise you!

In the main segment, we examine HR 5087, the most recent gun control bill to be introduced in Congress. What's in it? What kinds of laws are Democrats looking to pass in light of the Parkland massacre?

After that, we check in on the state of Pennsylvania's efforts to combat gerrymandering. Could there actually be good news in this episode? Listen and find out.

Finally, we end with the answer to Thomas Takes the Bar Exam Question #69 about the firefighter's rule.
Show Notes & Links:

  1. This episode builds on our two-part masterclass in the Second Amendment: Episode 21 (Part 1) and Episode 26 (Part 2).
  2. The two primary cases discussed are DC v. Heller and McDonald v. City of Chicago.
  3. This is the text of HR 5087, the proposed gun control legislation, which amends 18 U.S.C. § 921 and 922.
  4. We discussed the Parkland massacre in Episode 148. You can read Chief Justice Thomas Saylor’s statement here.

Law Talkin' Stuff

Earth Law
  • International treaties and laws mentioned.
It's in the Constitution
Law Court Thingies
Magic Law Words






  • [00:00:00] Commercial
  • [00:00:10] Intro
  • [00:02:12] Listener Questions: How would an originalist interpret the full text of the Second Amendment?
    • [00:07:23] Robust individual right view that is articulated in D.C. v Heller
  • [00:11:50] Do you think D.C. v Heller deserves stare decisis respect from liberal justices? If not do you think this differs from demands that conservative justices respect Roe v Wade precedent?
    • [00:14:01] Planned Parenthood v Casey
    • [00:20:58] Gun ownership and the states
  • [00:25:16] Commercial
  • [00:26:37] Main Segment: Gun Control Bill post Parkland Shooting HR 5087
    • [00:36:26] The Takings Clause of the 5th Amendment
  • [00:43:47] Let's Get Political: Gerrymandering in Pennsylvania
  • [00:50:15] New Patron Tuesday
  • [00:52:57] Thomas Takes The Bar Exam: The firefighter's rule - Answer
  • [00:57:30] Outro

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)

Follow up

  • Episode 162 features an Andrew Was Wrong segment discussing:
    • Some of the firearm and ammunition details Andrew used
    • The actions of the Pennsylvania legislature
    • The change of Governor in Pennsylvania