The Second Amendment and the Supreme Court

16 Pages Posted: 17 Feb 2008 Last revised: 3 Feb 2009

Douglas G. Smith

Kirkland & Ellis LLP

Abstract

This article discusses the litigation regarding the Second Amendment currently pending before the Supreme Court. I argue that the narrow issue that is before the Court (whether the Second Amendment guarantees an individual right) is fairly straightforward and present arguments regarding the text and history of the amendment that suggest it guarantees a fundamental individual right. In the process, I critique the arguments that have been presented by the District of Columbia to the contrary.

Keywords: constitution, constitutional law, second amendment, right to bear arms, Supreme Court, individual rights, District of Columbia, Heller

Suggested Citation

Smith, Douglas G., The Second Amendment and the Supreme Court. 6 Georgetown Journal of Law & Public Policy 591 (2008); George Mason Law & Economics Research Paper No. 08-10. Available at SSRN: https://ssrn.com/abstract=1093751

Douglas Geoffrey Smith (Contact Author)

Kirkland & Ellis LLP ( email )

300 North LaSalle
Chicago, IL 60654
312 862 3374 (Phone)

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