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The Hidden Second Amendment Framework Within "District Of Columbia V. Heller", Andrew R. Gould
The Hidden Second Amendment Framework Within "District Of Columbia V. Heller", Andrew R. Gould
Vanderbilt Law Review
The Second Amendment has always been shrouded in constitutional mystery. For most of our history, this mystery has centered on whether the Second Amendment protects an individual or collective right to keep and bear arms. The Supreme Court had not addressed the issue in any meaningful fashion, and lower courts continuously struggled with it, leading legal commentators to produce countless books, articles, and symposia on the topic.
The Court resolved this central Second Amendment question in June 2008 when it decided District of Columbia v. Heller. In Heller, the Court squarely confronted the meaning of the Second Amendment and held …