A Well Regulated Militia

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A Well-Regulated Militia

Saul Cornell
A Well Regulated Militia Book PDF

Author : Saul Cornell
Publisher : Oxford University Press
Page : 288 pages
File Size : 43,6 Mb
Release : 2008-08-04
Category : History
ISBN : 9780199712441

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A Well-Regulated Militia by Saul Cornell Pdf

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. Winner of the Langum Prize in American Legal History/Legal Biography

A Well Regulated Militia

William Weir
A Well Regulated Militia Book PDF

Author : William Weir
Publisher : Unknown
Page : 336 pages
File Size : 54,6 Mb
Release : 1997
Category : Juvenile Nonfiction
ISBN : UOM:39015040732482

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A Well Regulated Militia by William Weir Pdf

"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, " reads the Second Amendment to the U.S. Constitution. According to the National Rifle Association (NRA), this means that gun controls are unconstitutional. Anti-gun lobbyists like Handgun Control, Inc. (HCI), claim it means only that the states can keep militias. In this book, Weir goes back into European history to discuss the militia concept, and then moves forward through American history and into the pro and con distortions of the gun debate, all the while clarifying and providing the missing (or misconstrued) information. He delves into crime statistics, state and federal law, weapons capabilities and culpabilities, and the responses of police, criminologists, politicians, criminals, civilians, and others to make his points. In conclusion, Weir shows how one of the most detrimental effects of the debate is that neither side is addressing the underlying causes of American violence, which go much deeper than gun ownership. He explains how our society - by concentrating on snake oil and Band Aids to address the crime problem - ironically fosters a national policy that promotes a violent underclass. The current situation, Weir warns, is undermining the power of the Constitution and will have serious short- and long-range repercussions for America.

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

H. Richard Uviller,William G. Merkel
The Militia and the Right to Arms or How the Second Amendment Fell Silent Book PDF

Author : H. Richard Uviller,William G. Merkel
Publisher : Duke University Press
Page : 353 pages
File Size : 46,6 Mb
Release : 2003-01-20
Category : Political Science
ISBN : 9780822384274

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The Militia and the Right to Arms, or, How the Second Amendment Fell Silent by H. Richard Uviller,William G. Merkel Pdf

"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 Founders' Second Amendment

Stephen P. Halbrook
The Founders Second Amendment Book PDF

Author : Stephen P. Halbrook
Publisher : Rowman & Littlefield
Page : 449 pages
File Size : 41,8 Mb
Release : 2019-01-15
Category : History
ISBN : 9781538129678

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The Founders' Second Amendment by Stephen P. Halbrook Pdf

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.

Armed Citizens

Noah Shusterman
Armed Citizens Book PDF

Author : Noah Shusterman
Publisher : University of Virginia Press
Page : 354 pages
File Size : 42,7 Mb
Release : 2020-09-01
Category : History
ISBN : 9780813944623

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Armed Citizens by Noah Shusterman Pdf

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.

That Every Man be Armed

Stephen P. Halbrook
That Every Man be Armed Book PDF

Author : Stephen P. Halbrook
Publisher : UNM Press
Page : 336 pages
File Size : 46,9 Mb
Release : 2013
Category : Law
ISBN : 9780826352989

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That Every Man be Armed by Stephen P. Halbrook Pdf

"A revised and updated edition of Halbrook's 1984 book discussing the Second Amendment and the individual right to bear arms"--Provided by publisher.

This Nonviolent Stuff'll Get You Killed

Charles E. Cobb
This Nonviolent Stuff ll Get You Killed Book PDF

Author : Charles E. Cobb
Publisher : Basic Books
Page : 320 pages
File Size : 52,9 Mb
Release : 2014-06-03
Category : History
ISBN : 9780465080953

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This Nonviolent Stuff'll Get You Killed by Charles E. Cobb Pdf

Visiting Martin Luther King, Jr. at the peak of the civil rights movement, the journalist William Worthy almost sat on a loaded pistol. “Just for self-defense,” King assured him. One of King's advisors remembered the reverend's home as “an arsenal.” Like King, many nonviolent activists embraced their constitutional right to self-protection—yet this crucial dimension of the civil rights struggle has been long ignored. In This Nonviolent Stuff'll Get You Killed, civil rights scholar Charles E. Cobb, Jr. reveals how nonviolent activists and their allies kept the civil rights movement alive by bearing—and, when necessary, using—firearms. Whether patrolling their neighborhoods, garrisoning their homes, or firing back at attackers, these men and women were crucial to the movement's success, as were the weapons they carried. Drawing on his firsthand experiences in the Southern Freedom Movement and interviews with fellow participants, Cobb offers a controversial examination of the vital role guns have played in securing American liberties.

To Keep and Bear Arms

Joyce Lee Malcolm
To Keep and Bear Arms Book PDF

Author : Joyce Lee Malcolm
Publisher : Harvard University Press
Page : 250 pages
File Size : 49,6 Mb
Release : 1996
Category : History
ISBN : 0674893077

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To Keep and Bear Arms by Joyce Lee Malcolm Pdf

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

Well-regulated Militia

Anonim
Well regulated Militia Book PDF

Author : Anonim
Publisher : Unknown
Page : 288 pages
File Size : 46,5 Mb
Release : 2006
Category : Electronic
ISBN : OCLC:671767398

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Well-regulated Militia by Anonim Pdf

Preface 1. English Tyranny versus American Liberty: Bearing Arms in Revolutionary America 2. A Well-Regulated Militia: The Origins of the Second Amendment 3. "The True Palladium of Liberty:" Federalists, Jeffersonians, and the Second Amendment 4. Mili.

Whose Right Is It? The Second Amendment and the Fight Over Guns

Hana Bajramovic
Whose Right Is It The Second Amendment and the Fight Over Guns Book PDF

Author : Hana Bajramovic
Publisher : Henry Holt and Company (BYR)
Page : 256 pages
File Size : 43,8 Mb
Release : 2020-09-22
Category : Juvenile Nonfiction
ISBN : 9781250224279

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Whose Right Is It? The Second Amendment and the Fight Over Guns by Hana Bajramovic Pdf

Discover the truth about the Second Amendment, the NRA, and the United States’ centuries-long fight over guns in this first-of-its-kind book for middle grade readers. "A compelling, clear analysis of one of our country’s oldest dilemmas: how to balance gun rights with public safety. It tells the full and true story of the Second Amendment, and points to a way to bring sanity to our gun laws. A remarkable primer for all ages." —Michael Waldman, author of The Second Amendment: A Biography For the majority of the United States’ history, the right to own a gun belonged to a “well regulated militia.” That changed in 2008 with the historic District of Columbia v. Heller case, which ruled that the Second Amendment protected an individual’s right. In the years since, the debate over gun legislation has reached a crescendo. And the issue grows ever relevant to children across America, with an estimated three million exposed to shootings every year. From metal detectors to see-through backpacks to shooting drills, kids face daily reminders of the threat of guns. Hana Bajramovic's Whose Right Is It? The Second Amendment and the Fight Over Guns reveals how a once obscure amendment became the focus of daily heated debate. Filled with historical photos and informative graphics, the book will show young readers how gun legislation has always been a part of American history and how money, power, and systemic racism have long dictated our ability to own guns. A Junior Library Guild Selection "Hana Bajramovic provides readers with a compelling overview on the history of guns in the United States and the changing, conflicting interpretations of the Second Amendment certain to stimulate conversation and thinking on the part of future generations." —Award-winning author Doreen Rappaport

The Second

Carol Anderson
The Second Book PDF

Author : Carol Anderson
Publisher : Bloomsbury Publishing USA
Page : 305 pages
File Size : 42,5 Mb
Release : 2021-06-01
Category : Political Science
ISBN : 9781635574265

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The Second by Carol Anderson Pdf

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.

Out of Range

Mark V. Tushnet
Out of Range Book PDF

Author : Mark V. Tushnet
Publisher : Oxford University Press
Page : 176 pages
File Size : 45,9 Mb
Release : 2007-09-05
Category : Law
ISBN : 019981371X

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Out of Range by Mark V. Tushnet Pdf

Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

Six Amendments

John Paul Stevens
Six Amendments Book PDF

Author : John Paul Stevens
Publisher : Little, Brown
Page : 192 pages
File Size : 44,8 Mb
Release : 2014-04-22
Category : Political Science
ISBN : 9780316373746

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Six Amendments by John Paul Stevens Pdf

For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

The Second Amendment on Trial

Saul Cornell,Nathan Kozuskanich
The Second Amendment on Trial Book PDF

Author : Saul Cornell,Nathan Kozuskanich
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2013
Category : Firearms
ISBN : 1558499946

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The Second Amendment on Trial by Saul Cornell,Nathan Kozuskanich Pdf

On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.

Loaded

Roxanne Dunbar-Ortiz
Loaded Book PDF

Author : Roxanne Dunbar-Ortiz
Publisher : City Lights Books
Page : 248 pages
File Size : 47,9 Mb
Release : 2018-01-23
Category : History
ISBN : 9780872867246

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Loaded by Roxanne Dunbar-Ortiz Pdf

A provocative, timely, and deeply-researched history of gun culture and how it reflects race and power in the United States