Of Arms and the Law

56 Pages Posted: 29 Jan 2010 Last revised: 14 Feb 2015

See all articles by David T. Hardy

David T. Hardy

Independent

John Stompoly

affiliation not provided to SSRN

Date Written: January 28, 2010

Abstract

Of Arms and the Law is a 1974 Chicago-Kent Law Review article which essentially began the modern trend toward recognizing the Second Amendment as an individual, rather than collective, right. It is today mainly of historical interest. It was the first discussion of several significant points, including the fact that in US v. Miller, Miller's attorney filed no brief and did not argue, that Federalist 21 and 46 support an individual rights view, and that the First, Fourth, and Ninth Amendments also use "right of the people" to describe individual rights.

Keywords: Second Amendment, right to arms, right to keep and bear arms

JEL Classification: K-19

Suggested Citation

Hardy, David T. and Stompoly, John, Of Arms and the Law (January 28, 2010). Chicago-Kent Law Review, Vol. 51, No. 1, 1974, Available at SSRN: https://ssrn.com/abstract=1544064 or http://dx.doi.org/10.2139/ssrn.1544064

John Stompoly

affiliation not provided to SSRN

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