How Conservatives Mastered Popular Constitutionalism and What Liberals Can Learn
The article argues that the gun-rights movement used classic popular-constitutional tactics to reshape the Second Amendment, and suggests progressives should adopt similar strategies.
The commentary traces how, despite early consensus among constitutional scholars that the Second Amendment protected only militia service, the NRA transformed into a political machine in the 1970s and promoted an individual-right interpretation. By financing scholars, influencing legislators, and shaping public discourse, the gun lobby paved the way for the Supreme Court’s 2008 Heller ruling, which the article describes as a product of popular constitutionalism rather than original intent.
Although polls now show a majority believing in a personal gun right, a sizable portion of the public still backs stricter regulations, indicating the movement overreached its base. The author warns that once a judicial majority adopts such a view, it can be used to undermine broader democratic control. The piece urges progressive advocates to study these methods and mobilize similarly to protect their own policy aims.
Why it matters
It shows how well-organized interest groups can reshape constitutional meaning, a lesson for any movement seeking lasting legal change.
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