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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: 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: 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.
Author: Stephen P. Halbrook Publisher: Bombardier Books ISBN: 163758119X Category : Law Languages : en Pages : 422
Book Description
The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook’s scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution’s ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment’s right to bear and carry arms.
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
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.
Author: Stephen P. Halbrook Publisher: Praeger ISBN: 0313265399 Category : Law Languages : en Pages : 0
Book Description
The right to keep and bear arms was considered a fundamental, individual right in the original 14 states (the 13 colonies and Vermont) from the pre-Revolutionary period through the adoption of the federal Bill of Rights in 1791. A Right to Bear Arms is the first book to demonstrate the deprivation of this right as a causal factor to the American Revolution. The book also examines the significance of the right to bear arms in each of the first states and the state influences on the adoption of the Second Amendment to the federal Constitution. This is the first book ever published on the immediate origins of the right to bear arms in the state and federal bill of rights. The work relies primarily on original sources such as period newspapers, constitutional convention debates, and the writings of the framers of the first state constitutions. The epilogue, Constitutional Conventions in the Nineteenth and Twentieth Centuries, accounts for changes in the bills of rights that have affected the issue of the right to bear arms. Considering the bicentennial of the federal Bill of Rights, being celebrated in 1989-1991, and the current gun control controversy, this book is a valuable source to historians, political scientists, law libraries, and special interest groups.
Author: Stephen P. Halbrook Publisher: Bloomsbury Publishing USA ISBN: 1567507824 Category : History Languages : en Pages : 246
Book Description
Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's gun-control debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment. Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.
Author: Charles E Cobb Jr. Publisher: Basic Books ISBN: 0465080952 Category : History Languages : en Pages : 322
Book Description
Visiting Martin Luther King Jr. at the peak of the Montgomery, Alabama bus boycott, journalist William Worthy almost sat on a loaded pistol. "Just for self defense," King assured him. It was not the only weapon King kept for such a purpose; one of his advisors remembered the reverend's Montgomery, Alabama home as "an arsenal." Like King, many ostensibly "nonviolent" civil rights activists embraced their constitutional right to selfprotection -- yet this crucial dimension of the Afro-American freedom struggle has been long ignored by history. In This Nonviolent Stuff'll Get You Killed, civil rights scholar Charles E. Cobb Jr. describes the vital role that armed self-defense played in the survival and liberation of black communities in America during the Southern Freedom Movement of the 1960s. In the Deep South, blacks often safeguarded themselves and their loved ones from white supremacist violence by bearing -- and, when necessary, using -- firearms. In much the same way, Cobb shows, nonviolent civil rights workers received critical support from black gun owners in the regions where they worked. Whether patrolling their neighborhoods, garrisoning their homes, or firing back at attackers, these courageous men and women and the weapons they carried were crucial to the movement's success. Giving voice to the World War II veterans, rural activists, volunteer security guards, and self-defense groups who took up arms to defend their lives and liberties, This Nonviolent Stuff'll Get You Killed lays bare the paradoxical relationship between the nonviolent civil rights struggle and the Second Amendment. Drawing on his firsthand experiences in the civil rights movement and interviews with fellow participants, Cobb provides a controversial examination of the crucial place of firearms in the fight for American freedom.
Author: H. Richard Uviller
Author: H. Richard Uviller
Author: Stephen P. Halbrook
Author: Stephen P. Halbrook
Author: Joyce Lee Malcolm
Author: United States
Author: Stephen P. Halbrook
Author: Stephen P. Halbrook
Author: Stephen P. Halbrook
Author: 
Author: Charles E Cobb Jr.