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Whose Right to Bear Arms Did the Second Amendment Protect?

Whose Right to Bear Arms Did the Second Amendment Protect? PDF Author: Saul Cornell
Publisher: Palgrave Macmillan
ISBN: 9780312228187
Category : Law
Languages : en
Pages : 188

Book Description
This intriguing book examines how late-eighteenth-century Americans understood the right to bear arms. The selections expose readers to ongoing scholarly debates over this topic, providing insight into a number of the most important issues in early American historiography: the controversy over republicanism and liberalism, the tension between states' rights and individual rights, and the place of rights and revolution in the American constitutional experience.

Whose Right to Bear Arms Did the Second Amendment Protect?

Whose Right to Bear Arms Did the Second Amendment Protect? PDF Author: Saul Cornell
Publisher: Palgrave Macmillan
ISBN: 9780312228187
Category : Law
Languages : en
Pages : 188

Book Description
This intriguing book examines how late-eighteenth-century Americans understood the right to bear arms. The selections expose readers to ongoing scholarly debates over this topic, providing insight into a number of the most important issues in early American historiography: the controversy over republicanism and liberalism, the tension between states' rights and individual rights, and the place of rights and revolution in the American constitutional experience.

The Founders' Second Amendment

The Founders' Second Amendment PDF Author: Stephen P. Halbrook
Publisher: Rowman & Littlefield
ISBN: 1538129671
Category : History
Languages : en
Pages : 449

Book Description
Stephen P. Halbrook's The Founders' Second Amendment is the first book-length account of the origins of the Second Amendment, based on the Founders' own statements as found in newspapers, correspondence, debates, and resolutions. Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders' generation. His book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it.

A Well-regulated Militia

A Well-regulated Militia PDF 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.

Constitution

Constitution PDF Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66

Book Description


To Keep and Bear Arms

To Keep and Bear Arms PDF Author: Joyce Lee Malcolm
Publisher: Harvard University Press
ISBN: 9780674893078
Category : History
Languages : en
Pages : 250

Book Description
This work illuminates the historical facts behind the current debate about gun-related violence, the Brady Bill and the NRA, including the original meaning and intentions behind the right to "bear arms". It traces its roots to the legacy of English law, leading directly to the Second Amendment

The Militia and the Right to Arms, or, How the Second Amendment Fell Silent

The Militia and the Right to Arms, or, How the Second Amendment Fell Silent PDF 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.

The Second

The Second PDF Author: Carol Anderson
Publisher: Bloomsbury Publishing USA
ISBN: 1635574269
Category : Political Science
Languages : en
Pages : 305

Book Description
From the New York Times bestselling author of White Rage, an unflinching, critical new look at the Second Amendment and how it has been engineered to deny the rights of African Americans since its inception. In The Second, historian and award-winning, bestselling author of White Rage Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans. From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless--revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished. Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.

That Every Man Be Armed

That Every Man Be Armed PDF Author: Stephen P. Halbrook
Publisher: UNM Press
ISBN: 0826352995
Category : Law
Languages : en
Pages : 336

Book Description
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today’s controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook’s study remains the most comprehensive general work on the right to keep and bear arms.

Armed Citizens

Armed Citizens PDF Author: Noah Shusterman
Publisher: University of Virginia Press
ISBN: 0813944627
Category : History
Languages : en
Pages : 354

Book Description
Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive—and racist—domestic forces. In Armed Citizens, Noah Shusterman explains for a general reader what eighteenth-century militias were and why the authors of the Constitution believed them to be necessary to the security of a free state. Suggesting that the question was never whether there was a right to bear arms, but rather, who had the right to bear arms, Shusterman begins with the lessons that the founding generation took from the history of Ancient Rome and Machiavelli’s reinterpretation of those myths during the Renaissance. He then turns to the rise of France’s professional army during seventeenth-century Europe and the fear that it inspired in England. Shusterman shows how this fear led British writers to begin praising citizens’ militias, at the same time that colonial America had come to rely on those militias as a means of defense and as a system to police enslaved peoples. Thus the start of the Revolution allowed Americans to portray their struggle as a war of citizens against professional soldiers, leading the authors of the Constitution to place their trust in citizen soldiers and a "well-regulated militia," an idea that persists to this day.

War on Hate

War on Hate PDF Author: Henry Kopel
Publisher: Rowman & Littlefield
ISBN: 1793627614
Category : Political Science
Languages : en
Pages : 475

Book Description
The UN outlawed genocide in 1948, and the United States launched a war on terror in 2001; yet still today, neither genocide nor terrorism shows any sign of abating. This book explains why those efforts have fallen short and identifies policies that can prevent such carnage. The key is getting the causation analysis right. Conventional wisdom emphasizes ancient hatreds, poverty, and the impact of Western colonialism as drivers of mass violence. But far more important is the inciting power of mass, ideological hate propaganda: this is what activates the drive to commit mass atrocities, and creates the multitude of perpetrators needed to conduct a genocide or sustain a terror campaign. A secondary causal factor is illiberal, dualistic political culture: this is the breeding ground for the extremist, “us-vs-them” ideologies that always precipitate episodes of mass hate incitement. A two-tiered policy response naturally follows from this analysis: in the short term, several targeted interventions to curtail outbreaks of such incitement; and in the long term, support for indigenous agents of liberalization in venues most at risk for ideologically-driven violence.