Join Maude and Claude on the Study for the Bar in Your Car podcast for a vital episode on Constitutional Law – The Second Amendment! This fundamental right often sparks intense debate, and mastering its nuances is crucial for your bar exam.

We explore how the Supreme Court has definitively established the Second Amendment protects an individual's right to keep and bear arms for self-defense, including possessing a handgun at home and carrying one in public. Discover how this right applies to state and local governments through incorporation via the 14th Amendment's Due Process Clause.

A major focus is the dramatic shift in the standard of review post-Bruen (2022). Courts now reject balancing tests, requiring gun regulations to be consistent with the nation's historical tradition of firearm regulation from 1791 or 1868. Modern public safety arguments alone are insufficient; historical analogs are required.

We also cover:

• Heller (2008): The landmark case establishing the individual right to possess a handgun at home for self-defense, independent of militia service.
• Lopez (1995): A critical Commerce Clause case highlighting limits on federal power to regulate non-economic activity (like gun possession near schools) where aggregation for substantial effect is not permitted. This distinction between economic and non-economic activity is vital!
• The essential state action requirement for most constitutional challenges.

Tune in to grasp these complex, evolving concepts and empower your understanding of constitutional protections! This episode is an essential listen for effective bar prep.