Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876

Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876 PDF Author: Stephen P. Halbrook
Publisher: Bloomsbury Publishing USA
ISBN: 1567507824
Category : History
Languages : en
Pages : 246

Get Book

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.

Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876

Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876 PDF Author: Stephen P. Halbrook
Publisher: Bloomsbury Publishing USA
ISBN: 1567507824
Category : History
Languages : en
Pages : 246

Get Book

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.

Securing Civil Rights

Securing Civil Rights PDF Author: Stephen P. Halbrook
Publisher:
ISBN: 9781598130386
Category : History
Languages : en
Pages : 0

Get Book

Book Description
Previously published: Freedmen, the Fourteenth Amendment, and the right to bear arms, 1866-1876. Westport, Conn.: Praeger, c1998.

The Founders' Second Amendment

The Founders' Second Amendment PDF Author: Stephen P. Halbrook
Publisher: Rowman & Littlefield
ISBN: 1538129671
Category : History
Languages : en
Pages : 449

Get Book

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.

Toward Freedom and Civil Rights for the Freedmen

Toward Freedom and Civil Rights for the Freedmen PDF Author: Mary Frances Berry
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 44

Get Book

Book Description


Constitution

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

Get Book

Book Description


The Right to Bear Arms

The Right to Bear Arms PDF Author: Stephen P. Halbrook
Publisher: Bombardier Books
ISBN: 163758119X
Category : Law
Languages : en
Pages : 422

Get Book

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.

That Every Man be Armed

That Every Man be Armed PDF Author: Stephen P. Halbrook
Publisher: UNM Press
ISBN: 0826352987
Category : Law
Languages : en
Pages : 336

Get Book

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

Negroes and the Gun

Negroes and the Gun PDF Author: Nicholas Johnson
Publisher: Prometheus Books
ISBN: 1616148403
Category : Social Science
Languages : en
Pages : 382

Get Book

Book Description
Chronicling the underappreciated black tradition of bearing arms for self-defense, this book presents an array of examples reaching back to the pre—Civil War era that demonstrate a willingness of African American men and women to use firearms when necessary to defend their families and communities. From Frederick Douglass’s advice to keep “a good revolver” handy as defense against slave catchers to the armed self-protection of Monroe, North Carolina, blacks against the KKK chronicled in Robert Williams’s Negroes with Guns, it is clear that owning firearms was commonplace in the black community. Nicholas Johnson points out that this story has been submerged because it is hard to reconcile with the dominant narrative of nonviolence during the civil rights era. His book, however, resolves that tension by showing how the black tradition of arms maintained and demanded a critical distinction between private self-defense and political violence. Johnson also addresses the unavoidable issue of young black men with guns and the toll that gun violence takes on many in the inner city. He shows how complicated this issue is by highlighting the surprising diversity of views on gun ownership in the black community. In fact, recent Supreme Court affirmations of the right to bear arms resulted from cases led by black plaintiffs. Surprising and informative, this well-researched book strips away many stock assumptions of conventional wisdom on the issue of guns and the black freedom struggle.

Guns, Democracy, and the Insurrectionist Idea

Guns, Democracy, and the Insurrectionist Idea PDF Author: Joshua Horwitz
Publisher: University of Michigan Press
ISBN: 0472900889
Category : Law
Languages : en
Pages : 286

Get Book

Book Description
The NRA steadfastly maintains that the 30,000 gun-related deaths and 300,000 assaults with firearms in the United States every year are a small price to pay to guarantee freedom. As former NRA President Charlton Heston put it, "freedom isn't free." And when gun enthusiasts talk about Constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government. In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme "militia" groups to influence state and national policy. In Guns, Democracy, and the Insurrectionist Idea, Josh Horwitz and Casey Anderson reveal that the proponents of this view base their argument on a deliberate misreading of history. The Insurrectionist myth has been forged by twisting the facts of the American Revolution and the founding of the United States, the denial of civil rights to African-Americans after the Civil War, and the rise of the Third Reich under Adolf Hitler. Here, Horwitz and Anderson set the record straight. Then, challenging the proposition that more guns equal more freedom, they expose Insurrectionism---not government oppression---as the true threat to freedom in the U.S. today. Joshua Horwitz received a law degree from George Washington University and is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health. He is Executive Director of the Coalition to Stop Gun Violence and the Educational Fund to Stop Gun Violence. He has spent nearly two decades working on gun violence prevention issues. He lives in Arlington, Virginia. Casey Anderson holds a law degree from Georgetown University and is currently a lawyer in private practice in Washington, D.C. He has served in senior staff positions with the U.S. Congress, the Coalition to Stop Gun Violence, and Americans for Gun Safety. He lives in Arlington, Virginia.

Rights Reign Supreme

Rights Reign Supreme PDF Author: James M. Masnov
Publisher: McFarland
ISBN: 1476690529
Category : Political Science
Languages : en
Pages : 253

Get Book

Book Description
Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court's authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining the Court's responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court's reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.