What is the distinction between the individual and collective rights models of the Second Amendment? In describing these models, please cite the relevant literature from legal journals and court cases etc that support the arguments.© BrainMass Inc. brainmass.com September 19, 2018, 1:39 am ad1c9bdddf - https://brainmass.com/law/history-and-philosophy-of-law/second-amendment-individual-collective-right-models-177160
The Second Amendment reads: "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 collective rights model, reads the first half of the sentence first. A well regulated Militia is neccessary to our security.... therefore (then they red the 2nd half) people have the right to bear arms. This model emphasis the fact that it is actually the militia, which is people protecting our country, are actually the only ones who ahve the right to bear arms. Otherwise, without a militia to protect the US, Britian would have been able to invade.
However, the individual ...
The Second Amendment's individual and collective right models are scrutinzed.