Like it or not there is a right to bear arms in the Constitution. Judges didn’t invent it.
By contrast, the Constitution does not define marriage. It doesn’t define it as a conjugal partnership—as all states did until recently. It doesn’t define it as something else (e.g., a form of sexual-romantic companionship or domestic partnership that, as such, could be entered into by two persons of the same sex, or by three or more persons in a polyamorous ensemble). Rather, it leaves the definition of marriage (shall it be defined as conjugal or something else?) to the states. Continue Reading