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Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199712441
Category : History
Languages : en
Pages : 289
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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.
Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199712441
Category : History
Languages : en
Pages : 289
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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.
Author: H. Richard Uviller
Publisher: Duke University Press
ISBN: 0822384272
Category : Political Science
Languages : en
Pages : 353
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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: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
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Book Description
Author: Stephen P. Halbrook
Publisher: Rowman & Littlefield
ISBN: 1538129671
Category : History
Languages : en
Pages : 449
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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: Noah Shusterman
Publisher: University of Virginia Press
ISBN: 0813944627
Category : History
Languages : en
Pages : 374
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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.
Author: Stephen P. Halbrook
Publisher: UNM Press
ISBN: 0826352995
Category : Law
Languages : en
Pages : 336
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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: Hana Bajramovic
Publisher: Henry Holt and Company (BYR)
ISBN: 1250224276
Category : Juvenile Nonfiction
Languages : en
Pages : 159
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Book Description
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
Author: Allan J. Lichtman
Publisher: Macmillan + ORM
ISBN: 1250244412
Category : Political Science
Languages : en
Pages : 162
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Book Description
A radical case for the repeal of the 2nd Amendment as the only way to control gun violence in America There's an average of one mass shooting per day in the United States. Given the ineffectiveness of the gun control lobby, it's time for a strategy with spine. In Repeal the Second Amendment, Allan J. Lichtman has written the first book that uses history, legal theory and up-to-the-minute data to make a compelling case for the amendment’s repeal in order to create a clear road to sensible gun control in the US. Repeal the Second Amendment explores both the true history and current interpretation of the Second Amendment to expose the NRA’s blatant historical manipulations and irresponsible fake news releases. Lichtman looks at the history of firearms and gun regulations from colonial times to the present to explain how a historically forgotten sentence in the Constitution has become a flash point of recent politics that benefits only the gun industry, their lobbyists, and the politicians on their payroll. He probes court decisions and the effective lobbying and public relations strategies of the gun lobby as well as the ineffectiveness of the gun control movement for lessons in doing better. What emerges is a clear and cogent plan--repeal and replace the Second Amendment without taking guns away from anyone who has them now--to make the US a safer place. It's time to Repeal the Second Amendment, and Allan Lichtman is the man to bring this radical plan to America.
Author: Carol Anderson
Publisher: Bloomsbury Publishing USA
ISBN: 1635574269
Category : Political Science
Languages : en
Pages : 305
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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.
Author: Joyce Lee Malcolm
Publisher: Harvard University Press
ISBN: 9780674893078
Category : History
Languages : en
Pages : 250
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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
