Cass R. Sunstein, Columnist

Nothing in the Constitution Prevents Sensible Gun Rules

Listen to Justice Scalia on the Second Amendment.

The law is on their side.

Photographer: Spencer Platt/Getty Images

The use of the Second Amendment to block consideration of sensible gun control measures is a national disgrace. And conservatives themselves have explained why this is true.

For decades, conservatives have objected to the use of constitutional provisions as a political weapon, insisting that controversies should be resolved in democratic arenas instead. They have made this argument to oppose judicial recognition of the right to choose abortion; protection of same-sex marriage; creation of a rigid “wall” between church and state; and creation of new rights in the criminal justice system. Going even further, they have argued against the left’s efforts to use the Constitution to block reasonable political debates — about religion, about privacy, about equality — that the justices have never settled.