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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 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 Amendment

The Second Amendment PDF Author: Kirsten W. Larson
Publisher: Capstone
ISBN: 1515771830
Category : Juvenile Nonfiction
Languages : en
Pages : 33

Book Description
Examines the causes, writing, and effects of the Second Amendment of the Bill of Rights, which guarantees American citizens the right to bear arms. Includes critical thinking questions, photographs, a glossary, and further resources.

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.

The Second Amendment

The Second Amendment PDF Author: Larry Gerber
Publisher: The Rosen Publishing Group, Inc
ISBN: 1448823234
Category : Juvenile Nonfiction
Languages : en
Pages : 66

Book Description
The United States has the most guns per capita of any country in the world. Many Americans value the right to bear arms, which they believe is guaranteed by the Second Amendment to the Constitution. Others believe that the Second Amendment only guarantees the right for organized militias to own guns. This book surveys the history of the Second Amendment and gun ownership in the United States, and explores how the amendment continues to affect us today.

A Well-Regulated Militia

A Well-Regulated Militia PDF Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0190947748
Category : History
Languages : en
Pages : 289

Book Description
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.

A People Armed and Free

A People Armed and Free PDF Author: Reynolds J. D. Jack
Publisher: AuthorHouse
ISBN: 1410745465
Category : Firearms
Languages : en
Pages : 390

Book Description
Here in one pocket-sized handbook is an understandable collection of essential business and legal concepts for the professional wrestler. Topics addressed include: Contract Law Endorsement Opportunities Trademarks and Copyrights Unions Estate Planning Self-Employment Taxes Whether you currently work in the professional wrestling industry, aspire to break into the business, or are just a pro wrestling fan, this book provides an enlightening glimpse into the colorful world of professional wrestling from a lawyer's perspective.

No Guarantee of a Gun

No Guarantee of a Gun PDF 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.

Constitution

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

Book Description


'A Well Regulated Militia'

'A Well Regulated Militia' PDF Author: Paul Finkelman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
This article argues that the second amendment was initially proposed and passed in response to some antifederalist fears of a standing army. The thrust of the Amendment was to prevent the national government from disarming the state militias. Similarly, the Amendment allowed the states to arm their own militias if Congress failed to do so under its Article I, Section 8 powers. The article notes that Madison and other Federalists who wrote the Second Amendment were fully aware of demands for an amendment to protect an individual's right to own weapons, and that the framers of the Second Amendment emphatically rejected this concept. The article concludes that the Second Amendment was not meant to protect an individual right to bear arms, but also argues that political considerations make bans on long guns and hunting rifles impossible. In the concluding paragraph the article asks: "Could Congress ban hunting rifles," and concludes "it would be politically impossible and constitutionally absurd, although it would be possible and reasonable to ban hunting, and hunting rifles, in national parks." Similarly the article concluded Congress may "regulate the ownership, sale, use, and interstate transportation of firearms" under "general federal police and commerce powers, just as the states or the national government (where it has regulatory or police power) can regulate burial, marriage, or child custody. But, just as regulations of marriage or burial must be reasonable, so too would regulations of firearms."

The Right to Bear Arms

The Right to Bear Arms PDF Author: Hallie Murray
Publisher: Enslow Publishing, LLC
ISBN: 076608552X
Category : Juvenile Nonfiction
Languages : en
Pages : 48

Book Description
A hot button issue that is in the news daily, the right to bear arms is one of Americans’ most provincial and cherished rights. There are more guns per capita in the United States than anywhere else in the world. Through engaging and enlightening text, the Second Amendment, the right to bear arms, is studied in-depth. Analyzing the varying views on the amendment, students will get the opportunity to learn about the different interpretations of the amendment. The history of the amendment, as well as its creators, supporters, and detractors are studied thoroughly. Primary source documents allow readers to examine the amendments themselves and come up with their own conclusions. Full-color and black-and-white photos help students better understand the Bill of Rights and its creation. Further reading and sidebars encourage students to explore the amendments further, and a glossary helps students master new vocabulary.