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The Second Amendment and States' Rights: A Thought ExperimentGlenn Harlan ReynoldsUniversity of Tennessee College of Law Donald Katesaffiliation 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 Accepted Paper SeriesDate posted: February 6, 2007Suggested CitationContact Information
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