No Single Tradition: The Second Amendment and the Exhaustion of Constitutional Adjudication
The most significant constitutional crisis in America today has very little to do with firearms. Beneath the polarized shouting matches of the gun debate lies a deeper structural failure in how courts resolve modern disputes. In trying to resolve high-stakes conflicts, the Supreme Court has increasingly turned to a methodology that treats fragmented historical archives as a self-executing decision rule. Under the test established in NYSRPA v. Bruen (2022), modern public-safety regulations are valid only if they are consistent with historical tradition. This methodology has reached its structural carrying capacity. The Second Amendment isn't the cause of this legal instability, but rather its most visible patient. The resulting strain reveals three overlapping dynamics: Institutional Over-Absorption : Legislative gridlock dumps unresolved policy disputes onto the courts. Functional Discontinuity : Old constitutional language is stretched to govern radically changed social and techn...