Restoring the Balance: The Second Amendment Revisited

Abstract

In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment\u27s legislative history and context, and the United States Supreme Court\u27s decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals and that the theories behind such efforts do not withstand constitutional history