Ross Davies (George Mason University School of Law) has posted an interesting piece on SSRN entitled “Which is the Constitution?,” see here.
The piece is forthcoming in the Winter 2008 edition of the Green Bag 2d. In the context of Heller and the Second Amendment, Professor Davies asks the provocative question of whether the Court has the power to authoritatively say what the text of the Constitution is, rather than only what it means. He asks that question in the context of which version of the Second Amendment–those with zero, one, two, or three commas–governs. As he notes, “identifying and preserving a single, agreed-upon version of a text produced by our federal constitutional ratification processes can be much more difficult than one might imagine,” and the Second Amendment is no exception. I highly recommend this short eleven-page piece.
SSRN is valuable beyond 2A advocacy.