The Second Amendment and the Supreme Court
Douglas G. Smith
Kirkland & Ellis LLP; Loyola University Chicago School of Law; American Enterprise Institute (AEI)
6 Georgetown Journal of Law & Public Policy 591 (2008)
George Mason Law & Economics Research Paper No. 08-10
This article discusses the litigation regarding the Second Amendment currently pending before the Supreme Court. I argue that the narrow issue that is before the Court (whether the Second Amendment guarantees an individual right) is fairly straightforward and present arguments regarding the text and history of the amendment that suggest it guarantees a fundamental individual right. In the process, I critique the arguments that have been presented by the District of Columbia to the contrary.
Number of Pages in PDF File: 16
Keywords: constitution, constitutional law, second amendment, right to bear arms, Supreme Court, individual rights, District of Columbia, HellerAccepted Paper Series
Date posted: February 17, 2008 ; Last revised: February 3, 2009
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