"The Peculiar Story of United States v. Miller"
NYU Journal of Law & Liberty, Vol. 2, 2007
Contact: BRIAN L. FRYE
Affiliation Unknown
Email: [EMAIL PROTECTED]
Auth-Page: http://ssrn.com/author=646621
Full Text: http://ssrn.com/abstract=986394
ABSTRACT: This article provides a comprehensive history and
interpretation of United States v. 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.
Professor Joseph Olson, J.D., LL.M. o- 651-523-2142
Hamline University School of Law f- 651-523-2236
St. Paul, MN 55113-1235 c- 612-865-7956
[EMAIL PROTECTED]
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