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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.
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
Author : H. Richard Uviller,William G. Merkel Publisher : Duke University Press Page : 353 pages File Size : 53,6 Mb Release : 2003-01-20 Category : Political Science ISBN : 9780822384274
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 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.
Explains the history, development, and modern interpretation of the freedoms offered in the Second Amendment, guaranteeing the rights of citizens to bear arms.
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.
The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Whose Right to Bear Arms Did the Second Amendment Protect? by Saul Cornell,Robert E. Shalhope Pdf
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.
Americans are deeply divided over the Second Amendment. This book shows that the Founders understood the right to bear arms as a civic right - an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. It also charts how we have arrived at our modern impasse over guns.
NOW WITH A NEW PREFACE THAT BRINGS THE FRAUGHT GUN-RIGHTS CONTROVERSY UP TO DATEThis accessible legal history describes the way in which the Second Amendment was interpreted throughout most of American history and shows that today's gun-rights advocates have drastically departed from the long-held interpretation of the right to bear arms.This illuminating study traces the transformation of the right to arms from its inception in English and colonial American law to today's impassioned gun-control debate. As historian and legal scholar Patrick J. Charles shows, what the right to arms means to Americans, as well as what it legally protects, has changed drastically since its first appearance in the 1689 Declaration of Rights.Armed in America explores how and why the right to arms transformed at different points in history. The right was initially meant to serve as a parliamentary right of resistance, yet by the ratification of the Second Amendment in 1791 the right had become indispensably intertwined with civic republicanism. As the United States progressed into the 19th century the right continued to change--this time away from civic republicanism and towards the individual-right understanding that is known today, albeit with the important caveat that the right could be severely restricted by the government's police power. Throughout the 20th century this understanding of the right remained the predominant view. But working behind the scenes was the beginnings of the gun-rights movement--a movement that was started in the early 20th century through the collective efforts of sporting magazine editors and was eventually commandeered by the National Rifle Association to become the gun-rights movement known today.Now with a new preface that brings the fraught gun-rights controversy up to date, this book is an invaluable resource for readers looking to sort through the shrill rhetoric surrounding the current gun debate and arrive at an informed understanding of the legal and historical development of the right to arms.
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
