Download This PaperSupreme Court Has No Place to Turn in Gun Case
The Attorney of Nassau County, March 2008
3 Pages Posted: 9 Mar 2014
Date Written: March 2008
Abstract
This article, written before oral arguments in District of Columbia v. Heller (2008), points out that both sides in the case, along with the justices of the Supreme Court, approached the case without correctly understanding the Second Amendment. The article points out the incorrectness of both the District of Columbia's argument and Heller's argument. The article criticizes the District of Columbia's reliance on United States v. Miller (1939), its raising of the issue of incorporation of the Second Amendment through the Fourteenth Amendment, and its policy arguments. Criticism of Heller's argument entails refutation of the individual-right theory of the Second Amendment.
Keywords: Second Amendment, District of Columbia v. Heller, Original Meaning of the Second Amendment
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