The Second Amendment and States' Rights: A Thought Experiment
Glenn Harlan Reynolds
University of Tennessee College of Law
affiliation not provided to SSRN
36 Wm. & Mary L. Rev. 1737-1768 (1995)
Proponents of the so-called "collective right" model of the Second Amendment often assert that the right to bear arms exists only on the part of state militias, and not as any sort of individual right. Without addressing the merits of that claim, this Article examines the consequences of taking such a view seriously as a matter of constitutional law, and suggests that those consequences might be quite drastic.
Number of Pages in PDF File: 19
Keywords: second amendment, states' rights, militia, firearms, guns, gun control
Date posted: February 6, 2007
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