Abstract

http://ssrn.com/abstract=960810
 
 

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The Second Amendment and States' Rights: A Thought Experiment


Glenn Harlan Reynolds


University of Tennessee College of Law

Donald Kates


affiliation not provided to SSRN


36 Wm. & Mary L. Rev. 1737-1768 (1995)

Abstract:     
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

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Date posted: February 6, 2007  

Suggested Citation

Reynolds, Glenn Harlan and Kates, Donald, The Second Amendment and States' Rights: A Thought Experiment. 36 Wm. & Mary L. Rev. 1737-1768 (1995). Available at SSRN: http://ssrn.com/abstract=960810

Contact Information

Glenn Harlan Reynolds (Contact Author)
University of Tennessee College of Law ( email )
1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)
Donald Kates
affiliation not provided to SSRN
Feedback to SSRN


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