Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Second Amendment's "People" Problem, Pratheepan Gulasekaram -- Professor Of Law
The Second Amendment's "People" Problem, Pratheepan Gulasekaram -- Professor Of Law
Vanderbilt Law Review
The Second Amendment has a "people" problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller's rhetoric limited "the people" of the Second Amendment to "law-abiding citizens." In 2022, New York State Rifle & Pistol Ass'n v. Bruen doubled down on the Amendment's self-defense rationales but, once again, framed the right as one possessed by "citizens." In between and after the two Supreme Court cases, several lower federal courts, including eight federal courts of appeals, wrestled with the question whether the right …