Originalismo e Judicial Activism nell’interpretazione del II emendamento alla Costituzione federale USA

The Second Amendment jurisprudence represents the significant tensions that characterize the current political and social setting in the United States. They have to do with the interpretation of the federal model, the challenging balance between individual liberties and collective interests, and, most importantly, the function of jurisprudence in the unfolding or tangling of such conflicts. In terms of this last point, we are witnessing a progressive manipulative exploitation of exegetical phrase forms, particularly through originalism. Republicans have long accused judges of engaging in excessive political activism. It appears that this complaint can now be directed, in a different but equally important way, at the same political current that targeted evolutionary interpretative methods decades ago.