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Research Article

The Second Amendment Upholds an Individual Right
Amici Curiae Brief in D.C. v. Heller for 55 Senators, the Senate President, and 250 Members of the House of Representatives


     
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After nearly 70 years of silence regarding the Second Amendment, the U.S. Supreme Court has agreed to preside over the District of Columbia vs. Heller. At issue, as attorney and Independent Institute Research Fellow Stephen P. Halbrook explains in his new book The Founders’ Second Amendment (June 6, 2008 / Ivan R. Dee / $28.95), is whether or not the Second Amendment protects a private citizen’s right to bear arms in the home. Having won three cases before the Supreme Court, Halbrook has filed a Brief for Amici Curiae in the case on behalf of more than 300 members of Congress. It is available for download here.


Stephen P. Halbrook, Ph.D., J.D., is Research Fellow at The Independent Institute and author of the books, The Founders' Second Amendment and Securing Civil Rights, which were cited in the the U.S. Supreme Court cases of District of Columbia v. Heller and McDonald v. Chicago as well as his earlier Amici Curiae Brief in Heller on behalf of 55 members of the Senate, the Senate President, and 250 members of the House of Representatives. Dr. Halbrook is also the author of the book, That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Institute).
Full Biography and Recent Publications

FoundersNew from Stephen P. Halbrook!
SECURING CIVIL RIGHTS: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms

What did it mean to take civil rights seriously—especially the “right to bear arms”—in the years following the abolition of slavery? By quoting legislative debates, Congressional hearings on Ku Klux Klan violence, and newspapers and law books of the time, constitutional scholar Stephen Halbrook shows that both supporters and opponents of the Fourteenth Amendment (1868) believed that it protected all Bill of Rights guarantees—especially the Second Amendment—from infringement by the states. Learn More »»




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