The Lawletter Vol 46 No 7
Historical background has always played an important role in the development of case law under the U.S. Constitution. With the emergence of original-intent theory, history, especially the legal history of England, has become even more influential. This point is exemplified by the continuing questions that arise over the interpretation of the Second Amendment to the U.S. Constitution, "Keeping and Bearing Arms—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. "
The case law that has developed under the Second Amendment has largely focused on issues arising in the context of a state's right to raise and maintain a militia, with no U.S. Supreme Court decision dealing with the extent of an individual's right to bear arms. This changed in 2008, however, when Justice Antonin Scalia delivered the majority opinion in the 5-4 decision in District of Columbia v. Heller, 554 U.S. 570 (2008), in which the Supreme Court affirmed the right of an individual to keep arms in the home for self-defense.Read More