Interpretation of the Second Amendment can be divided into two different schools of thought; individual rights theorists, and collective rights theorists. Individual rights theorists argue that the Second Amendment creates a right in every person to keep and bear arms. Collective rights theorists advance the position that the Second Amendment creates a collective right in the people as a whole. The purpose of this comment is to emphasize the controversy surrounding the Second Amendment and the need for guidance on the issue by the United States Supreme Court. Part II of this article discusses the text of the Second Amendment to the Constitution and analyzes the two main positions, that of individual rights theorists, and collective rights theorists. Part III discusses the history and tradition of the Second Amendment. Part IV lays out the various positions taken on the actual intent of the Framers. Part V provides a brief discussion of the treatment of the Second Amendment by the Supreme Court and federal courts. Part VI analyzes the various policy arguments presented by both supporters and opponents of gun control laws. Part VII focuses on the recent trends evolving in the continuing battle over the right to keep and bear arms.
""Your Weapons, You Will Not Need Them." Comment on The Supreme Court's Sixty-Year Silence On The Right to Keep and Bear Arms,"
Akron Law Review: Vol. 33
, Article 6.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol33/iss1/6