It Really Was About a Well Regulated Militia

14 Pages Posted: 29 Jun 2010  

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 2008

Abstract

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

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

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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