"Individual Rights under a System of Dual Sovereignty: The Right to Keep and
Bear Arms" ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1944373 )
Kansas Law Review, Vol. 59, p. 867, 2011 (
http://papers.ssrn.com/sol3/PIP_Journal.cfm?pip_jrnl=224680 )
STEPHEN R. MCALLISTER (
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=48035 ), University of
Kansas - School of Law
Email: [email protected]
This article identifies and explains three fundamental propositions about the
relationship between the federal and state constitutions, using examples to
illustrate the general propositions. Those propositions are as follows: (1)
State constitutional provisions that conflict with federal law are preempted;
(2) State constitutions may provide greater protection of individual rights
than does the federal constitution; and (3) State constitutions in theory also
may provide less protection of individual rights than the federal constitution,
but in that event they are rendered ineffective by federal preemption. The
article then applies these principles in the context of the right to keep and
bear arms, making some observations about the nature and scope of that right
under both the U.S. and state constitutions. The article includes an appendix
that consists of a table with information about all of the state constitutions
that include a provision regarding the right to keep and bear arms.
****************************************************************************************************************
Professor Joseph Olson, J.D., LL.M.
o- 651-523-2142
Hamline University School of Law (MS-D2037)
f- 651-523-2236
St. Paul, MN 55113-1235
c- 612-865-7956
[email protected]
http://law.hamline.edu/constitutional_law/joseph_olson.html
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