35 Pages Posted: 24 Apr 2007 Last revised: 18 Apr 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.
Keywords: Second Amendment, United States Constitution, United States v. Miller, Justice McReynolds
Suggested Citation: 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