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Article: Is the Second Amendment an individual or a collective right: United States v. Emerson's revolutionary interpretation of the right to bear arms
- Article from:
- St. John's Law Review
- Article date:
- April 1, 2003
- Author:
CopyrightCopyright St. John's Law Review Association Spring 2003. Provided by ProQuest LLC. (Hide copyright information)
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INTRODUCTION
The protections of the Bill of Rights are among the most important safeguards against an oppressive government provided by the Constitution.1 Included in these protections is the Second Amendment (the "Amendment"), which provides: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."2 Although approximately two hundred years have passed since its inception, the scope of the Amendment remains in dispute.3 One common question is whether the Amendment applies to state as well as federal governments.4 Other questions are the amount of protection extended by the right to bear arms5 and to ...