14 Pages Posted: 29 Jun 2010
Date Written: 2008
This article provides an examination of the Second Amendment of the Constitution, arguing that the provision for a “well regulated militia” was not without cause, but that it provides the key to understand the meaning of the amendment. This argument is contrary to Justice Scalia’s argument in District of Columbia v. Heller. In supporting the claim, the article reviews the context of the adoption of the Bill of Rights in order to understand the relationship between the supporters and the detractors.
Suggested Citation: Suggested Citation
Finkelman, Paul, It Really Was About a Well Regulated Militia (2008). Syracuse Law Review, Vol. 59, p. 267, 2008. Available at SSRN: https://ssrn.com/abstract=1631858