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Author: David C. Williams Publisher: Yale University Press ISBN: 0300127553 Category : Social Science Languages : en Pages : 408
Book Description
David Williams offers a new reading of the Second Amendment suggesting that it guarantees to individuals a right to arms only insofar as they are part of a united & consensual people so that their uprising can be a unified revolution rather than a civil war.
Author: David C. Williams Publisher: Yale University Press ISBN: 0300127553 Category : Social Science Languages : en Pages : 408
Book Description
David Williams offers a new reading of the Second Amendment suggesting that it guarantees to individuals a right to arms only insofar as they are part of a united & consensual people so that their uprising can be a unified revolution rather than a civil war.
Author: John Massaro Publisher: Author House ISBN: 1468529382 Category : Law Languages : en Pages : 772
Book Description
The information in this book proves by means of credible and irrefutable documentary evidence that the Supreme Court's decision on June 26, 2008, in District of Columbia v. Heller, which held that the Second Amendment protects the right of an individual to possess and carry weapons, was incorrect. And the information in this book forms the foundation of what would have been the correct decision in that case. Second Amendment commentary and case law are incorrect. But unfortunately, they are relied upon by today's scholars and jurists. However, this book, written in plain English instead of the legalese that many persons find unappealing about books pertaining to legal subjects, takes the bold step of disproving these incorrect authorities on the most controversial and puzzling provision of the United States Constitution, and it meets that challenge. While other books on the Second Amendment rely largely on incorrect commentary and case law, this book uses credible and irrefutable documentary evidence to uncover the substance of the Second Amendment. By proving that Second Amendment commentary and case law are incorrect, this book will become both the preeminent treatise on the Second Amendment and a landmark book in the field of Constitutional law. And while gun control has been a highly controversial issue for a long time, the debate on gun control has been improperly bifurcated into what is good public policy and what is Constitutional. This book eliminates the Constitutional component of that debate so that the debate can be focused solely on what is good public policy. Other books written on the Second Amendment propose incorrect theories or attempt to reconcile its two supposed clauses. However, this book is the best book ever written on the Second Amendment because it does what no other book has ever done. It uncovers, by means of documentary evidence instead of mere argument, the true meanings of the terms A well regulated Militia, people, keep, and bear arms.
Author: H. Richard Uviller Publisher: Duke University Press ISBN: 0822384272 Category : Political Science Languages : en Pages : 353
Book Description
"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." —Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century. Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
Author: Patrick J. Charles Publisher: McFarland ISBN: 0786452730 Category : Political Science Languages : en Pages : 231
Book Description
"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." Legal historians, analysts, judges and commentators have long disagreed about the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service. This book examines the contentions of both groups and concludes that the amendment is meant only to protect the right of an individual to "keep and bear arms" for the purpose of defending the country in a militia force against standing foreign or domestic armies. In crafting his argument, the author examines the Second Amendment in exacting detail. On June 28, 2010, the book was cited by Associate Supreme Court Justice Stephen Breyer in a dissenting opinion for the landmark case McDonald v. City of Chicago.
Author: Reynolds J. D. Jack Publisher: AuthorHouse ISBN: 1410745457 Category : Firearms Languages : en Pages : 389
Book Description
This is the story, as told by a NYC elementary school teacher, of the thirty years he taught in public schools. It tells of the joy, heartache and frustration that teachers deal with on a day-to-day, year-to-year basis. You will laugh at the responses that children make, the insight they sometimes possess and the gentle hearts they still have at their age. You will also read of the frustrations experienced by teachers as they deal with the bureaucracy and politics of people who have no idea of what goes on in a classroom and many times make decisions that are unrealistic. It may also reveal to parents what REALLY goes on in a classroom!
Author: Robert Dittmer Publisher: Createspace Independent Publishing Platform ISBN: 9781515183969 Category : Languages : en Pages : 824
Book Description
This is the abridged version of the book. The complete version of the book is normally available in eBook form on Kindle. This version does not include the chapters on individualism, lower court follow-up decisions, the tenth amendment, and the interstate commerce clause. The most comprehensive collection of source documents [mostly excerpts due to the volume of such documents] from the founders, constitutional law scholars, and the courts on the second amendment and the right to keep and bear arms. ------------------- Editorial Reviews: Library Journal: Dittmer, a citizen expert who is not a historian or legal scholar, has collected here historical documents, philosophical treatises, and legal opinions pertaining to the origins and history of the Second Amendment of the U.S. Constitution, the right to bear arms. Dittmer's coverage extends from the 17th century to recent U.S. Supreme Court decisions. In his commentary, Dittmer takes an expansive view of the amendment. He ranks the right to bear arms as fundamental and places it in the context of the First, Tenth, and 14th amendments. As the right is an individual and collective privilege, Dittmer argues, it should not be subject to restriction by taxation or regulation. He plainly espouses the libertarian, "pro" view that the amendment protects every individual's right to own guns for all legal uses in and outside the home. VERDICT This title will appeal to gun rights advocates and those interested in immersing themselves in the documentary background of the Second Amendment debate.-Mark Jones, Mercantile Lib., Cincinnati--
Author: Saul Cornell Publisher: Oxford University Press ISBN: 0195341031 Category : History Languages : en Pages : 289
Book Description
A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.
Author: Allen R. Kamp Publisher: ISBN: Category : Languages : en Pages : 57
Book Description
According to the majority opinion of Justice Scalia in District of Columbia v. Heller, pre-Second Amendment adoption English history informs the Amendment's meaning. The majority opinion discusses the historical background after analyzing the language of the Amendment: “Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right.”My paper investigates the actual historical practice in England regarding gun rights before the adoption of the Second Amendment. It focuses on four topics involving rights to bear arms in England of that era: the Declaration of Rights, the writings of Blackstone, the Game Laws, and the Militia.The paper concludes that although Heller purports to be based on pre-second Amendment historical practice, its description of that practice is more mythical than real.
Author: David C. Williams
Author: David C. Williams
Author: John Massaro
Author: H. Richard Uviller
Author: Patrick J. Charles
Author: Reynolds J. D. Jack
Author: United States
Author: Dennis A. Henigan
Author: Robert Dittmer
Author: Saul Cornell
Author: Allen R. Kamp