What Does the Second Amendment Mean Today?

Dorf, Michael C.

Journal: Chicago-Kent Law Review

Volume: 76

First Page: 291

Year: 2000

Bluebook Citation: 76 CHI.-KENT. L. REV. 291 (2000)

Author: Michael C. Dorf: all 41 publications


Abstract

Proponents of the "individual right" interpretation of the Second Amendment frequently contend that those who disagree with this view apply a double standard, dismissing robust protection for individual firearms ownership and possession, while recognizing rights with less support. However, the Second Amendment has not been unfairly orphaned. The courts and commentators that reject the individual right scholars' claims are justified in doing so by the application of the same criteria commonly applied to other constitutional provisions, namely: doctrine; text; original understanding; structural inference; post adoption history; and normative considerations.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.