Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Tennessee College of Law

1996

States' rights

Articles 1 - 2 of 2

Full-Text Articles in Law

The Second Amendment And States Rights_ A Thought Experiment.Pdf, Glenn Reynolds, Don Kates Jan 1996

The Second Amendment And States Rights_ A Thought Experiment.Pdf, Glenn Reynolds, Don Kates

College of Law Faculty Scholarship

Proponents of the so-called "collective right" model of the Second Amendment often assert that the right to bear arms exists only on the part of state militias, and not as any sort of individual right. Without addressing the merits of that claim, this Article examines the consequences of taking such a view seriously as a matter of constitutional law, and suggests that those consequences might be quite drastic.


The Second Amendment And States' Rights: A Thought Experiment, Glenn Harlan Reynolds Jan 1996

The Second Amendment And States' Rights: A Thought Experiment, Glenn Harlan Reynolds

Scholarly Works

Proponents of the so-called "collective right" model of the Second Amendment often assert that the right to bear arms exists only on the part of state militias, and not as any sort of individual right. Without addressing the merits of that claim, this Article examines the consequences of taking such a view seriously as a matter of constitutional law, and suggests that those consequences might be quite drastic.