Fordham Law on 2nd Amendment | Building Background Knowledge
September 3, 2016
This academic paper, "A Well Regulated Right: The Early American Origins of Gun Control", by Fordham Law contextualizes the collective theory (well regulated militia) and the individual theory (right to bear arms) in relation to a more holistic interpretation of the 2nd Amendment as a civic right for the sole purpose of creating a well regulated militia.
Altough this paper predates DC v Heller (2008) where the Supreme Court of the United States held in a 5-4 decision that the Second Amendment to the United States Constitution applies to federal enclaves and protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home, this theoretical underpinings of this paper are instructive and will be helpful when evaluating the record of Supreme Court nominees. We would do better to have a Supreme Court Justice who favors the civic responsibility intepretation of the 2nd Amendment.