Shutterstock [Amnesty International] argues that “The Constitution was . . . drafted with international law as a set of background norms, and this Court should construe the Constitution accordingly.” However, none of the alleged “background norms” that AI cites existed in 1791 when the Second Amendment was ratified, or in 1868 when the Fourteenth Amendment made it enforceable against the states.
Indeed, the Constitution, including the Bill of Rights, was drafted and ratified an intent to counter contemporary norms. For example, while many nations allowed (and still allow) censorship, the Constitution generally forbids it. While unlimited arms control […]
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