Historical Record Supports a Collective Right’s View of the 2nd Amendment not an Individual Right

Until the 2008 Supreme Court case of District of Columbia vs. Helen, most held to a collective rights view of the 2nd amendment. 1  That is, the right to own a gun was not an individual right but a collective one in the context of a militia.  This view has gradually been eroded by politically motivated legal “scholars.”2  History matters writes:

“Much Second Amendment scholarship has taken the form of “law office history,” a form of advocacy scholarship designed to influence the way courts decide constitutional questions. Legal scholarship influences the way briefs are written and may also be used by judges when deciding a case. For most historians the goal of scholarship is to reconstruct and understand the complexity of the past, not influence contemporary policy or jurisprudence.”

The mass majority of historians discount the individual rights view and have found serious errors of fact in legal scholars interpretations. 2

SourceS:

1.  http://en.wikipedia.org/wiki/Gun_politics_in_the_United_States

2.  historymatters.gmu.edu (Search for “2nd amendment” – The Second Amendment Under Fire: The Uses of History and the Politics of Gun Control by Saul Cornell, Associate Professor, Department of History, The Ohio State University)

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