The Peculiar Story of United States vs. Miller
Brian L. Frye
University of Kentucky - College of Law
NYU Journal of Law & Liberty, Vol. 3, 2008
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.
Number of Pages in PDF File: 35
Keywords: Second Amendment, United States Constitution, United States v. Miller, Justice McReynolds
Date posted: April 24, 2007 ; Last revised: April 18, 2008