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Author:
Publisher:
ISBN:
Category : Military law
Languages : en
Pages : 128
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Book Description
Author:
Publisher:
ISBN:
Category : Military law
Languages : en
Pages : 128
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Book Description
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: Stephen P. Halbrook
Publisher: UNM Press
ISBN: 0826352987
Category : Law
Languages : en
Pages : 336
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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.
Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
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Book Description
Author: Charles P. Cozic
Publisher: Greenhaven Press, Incorporated
ISBN: 9781565105416
Category : Juvenile Nonfiction
Languages : en
Pages : 102
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Book Description
Collection of essays representing differing points of view about the militia movement of the 1990s.
Author: Joseph Blocher
Publisher: Cambridge University Press
ISBN: 1107158699
Category : Law
Languages : en
Pages : 217
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Book Description
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1722
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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
Author:
Publisher:
ISBN:
Category : Electronic surveillance
Languages : en
Pages : 944
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Book Description
