About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

56 UCLA L. Rev. 1551 (2008-2009)
Heller's Catch-22

handle is hein.journals/uclalr56 and id is 1561 raw text is: HELLER'S CATCH-22 Adam Winkler Joseph Heller's satire Catch-22 has become a classic for its revealing look at the illogic, inconsistency, and circular reasoning common in modern bureaucratic life. This Article uses Heller's novel to frame a critical analysis of the recent landmark Second Amendment decision of the U.S. Supreme Court that carries the Catch-22 author's surname, District of Columbia v. Heller. The majority opinion in Heller suffers from many of the missteps and contradictions Heller's novel identified. Although hailed as a triumph of originalism, the opinion paradoxically relies on a thoroughly modern understanding of gun rights. Justice Scalia has argued that originalism is necessary to preserve the legitimacy of the Court, but Heller is more likely to be accepted as legitimate precisely because Scalia's opinion departed from the original meaning of the Second Amendment. Moreover, this celebrated landmark decision has had almost no effect on the constitutionality of gun control. To date, the federal courts have yet to invalidate a single gun control law for violating the Second Amendment right to bear arms, despite scores of cases. While some laws are sure to be invalidated in time, the new Second Amendment's bark is far worse than its right. The greatest irony is that Heller's logical flaws and inconsistencies improve the decision, making it more likely to endure and helping to cement a reasonable, not radical, right to bear arms. INTRODUCTION ..........................................................1551 1. THE UNREASONABLE RIGHT TO BEAR ARMS ...........................................................1553 II. HELLER: THE TRIUMPH OF ORIGINALISM ..............................................................1557 III. SHALL NOT BE INFRINGED ............................................1565 IV. FOR THE SECURITY OF A FREE ... HOME?.................. ...............1568 V . R EASON 'S PHO EN IX....................................................................................................1573 INTRODUCTION Joseph Heller's satirical novel Catch-22 is a classic of American literature. The novel, which follows the travails of a group of military airmen in World * Professor of Law, UCLA School of Law. Thanks to Rhianna Bauer and Tina Mehr for excellent research assistance, and to Seth Korman, Julia Shear Kushner, Jordan Woods, and the other editors of the UCLA Law Review. Please address comments to winkler@ucla.edu. 1. JOSEPH HELLER, CATCH-22 (1961). 1551

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most