56 Pages Posted: 29 Jan 2010 Last revised: 14 Feb 2015
Date Written: January 28, 2010
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: 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