Abstract

http://ssrn.com/abstract=1102860
 
 

Footnotes (565)



 


 



Explaining Away the Obvious: The Infeasibility of Characterizing the Second Amendment as a Nonindividual Right


George A. Mocsary


Southern Illinois University at Carbondale - School of Law


Fordham Law Review, Vol. 76, No. 4, pp. 2113-2175, 2008

Abstract:     
Although the Second Amendment of the U.S. Constitution has guaranteed the right to keep and bear arms for more than 200 years, the U.S. Supreme Court has never formally declared to whom the right belongs. Each side of the gun debate - one holding that the Amendment guarantees a right to individuals, the other that states possess the right - supports its position with ostensibly solid precedential, historical, and textual arguments. This Note approaches the issue from the opposite direction, asking how many precedential, historical, and textual obstacles each side must explain away and examining the relative strength of those explanations. Under this analysis, the individual right prevails.

Number of Pages in PDF File: 63

Keywords: second amendment, arms, gun, guns, bear arns, militia, federalism,individual right,collective right,firearm,firearms,tyranny,Federalist,Anti-Federalist,Madison,militias,weapon,incorporation,free state,well regulated,Constitution,Bill of Rights,miller,silveira,lockyer,disarm,self-defence,self-defense

Accepted Paper Series


Download This Paper

Date posted: March 11, 2008  

Suggested Citation

Mocsary, George A., Explaining Away the Obvious: The Infeasibility of Characterizing the Second Amendment as a Nonindividual Right. Fordham Law Review, Vol. 76, No. 4, pp. 2113-2175, 2008. Available at SSRN: http://ssrn.com/abstract=1102860

Contact Information

George A. Mocsary (Contact Author)
Southern Illinois University at Carbondale - School of Law ( email )
1150 Douglas Drive
Carbondale, IL 62901-6804
United States
Feedback to SSRN


Paper statistics
Abstract Views: 804
Downloads: 146
Download Rank: 118,128
Footnotes:  565

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.297 seconds