The Peculiar Story of United States vs. Miller

35 Pages Posted: 24 Apr 2007 Last revised: 18 Apr 2008

Brian L. Frye

University of Kentucky - College of Law

Abstract

This article provides a comprehensive history and interpretation of United States vs. Miller, the only Supreme Court case construing the Second Amendment. It presents evidence Miller was a test case designed by the government to test the constitutionality of federal gun control. It shows the holding in Miller is narrower than generally assumed. It argues Miller adopts neither the individual nor the collective right theory of the Second Amendment. It suggests the Supreme Court's pragmatic, deferential approach in Miller remains appropriate.

Keywords: Second Amendment, United States Constitution, United States v. Miller, Justice McReynolds

Suggested Citation

Frye, Brian L., The Peculiar Story of United States vs. Miller. NYU Journal of Law & Liberty, Vol. 3, 2008. Available at SSRN: https://ssrn.com/abstract=981831

Brian L. Frye (Contact Author)

University of Kentucky - College of Law ( email )

620 S. Limestone Street
Lexington, KY 40506-0048
United States

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