Abstract
The Second Amendment protects “the right of the people to keep and bear arms,” but the meaning and scope of this right is hotly debated today. One of the most contentious issues is whether the Second Amendment protects so-called “assault weapons,” including some rifles, shotguns, and other military-style weaponry such as the infamous AR-15. Before courts are able to resolve this question, a thorough examination of the Amendment’s purposes is warranted in order to ensure that the outcome is consistent with constitutional design.
This Note argues that “tyranny prevention” is a core purpose of the Second Amendment which therefore necessitates protection of some quantum of military-style weaponry. It does so by examining the Second Amendment through the lens of the most commonly accepted modes of constitutional interpretation, including textualist, historical, precedential, structural, pragmatic, national identity, and moral.
This analysis is especially relevant today as courts struggle to decide what kinds of weapons are protected by the Second Amendment—and why. Although courts are understandably reluctant to engage with the topic of tyranny prevention and military weaponry, courts will not be able to properly define the scope of the right without engaging in a serious examination of the right’s core purposes. This Note seeks to do just that.
Recommended Citation
Skylar Petitt,
Tyranny Prevention: A “Core” Purpose of the Second Amendment,
44
S. Ill. U. L.J.
455
(2020).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol44/iss3/4