Section XII. The Second Amendment Right to Bear Arms? The Constitutional Dilemma 2d Amendment is couched in terms of ?regulating a milita? Tennessee Constitution clearly limits to common defense with qualifications Supreme Court?s Interpretation Has chosen between two theories Individual rights theory: everyone guaranteed right to bear arms Collective rights theory: the right is for the states to maintain militias Courts have universally chosen the latter interpretation Case: U.S. v. Miller, (1937): Supreme Court chooses collective Tennessee cases have always been in accord vi. NEWS FLASH: D.C v. Heller (2008) Practical Impact of the Courts Rulings Basically a political issue Guns will be allowed with some regulation and won?t be taken away If jurisdictions wish to remove guns, Constitution poses no obstace Quilici case is good example Arguments supporting the individual interpretation The ?plain reading? of the 2d amendment argument The English history argument The political science argument The ?militia means everyone?argument The early legislative history argument
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