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Title: 2nd Amendment Rights

Essay Details

Subject: Social Issues
Date: September 19, 2005
Length: 6 / 1549
No of views: 0
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Miller 307 U.S. 174 (1939) is the Supreme Court's fullest discussion of the Second Amendment. In this case, the court rejected a Second Amendment challenge to a federal law prohibiting the interstate transportation of sawed-off shotguns "in the absence of any evidence" as neither the appellant nor the appellant's attorney were present at the proceedings, while holding that the "obvious purpose" of the Amendment was to "assure the continuation and render possible the effectiveness" of the state militia and it "must be interpreted and applied with that end in view...

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Layton made a plea bargain, but Miller moved to dismiss the case on the grounds that the National Firearms Act violated his Second Amendment right to bear arms. The District Court agreed with Miller and quashed his indictment, and this decision was in turn appealed to the Supreme Court, which reversed the ruling of the lower court...

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