The Second Amendment in Law and History

The Second Amendment in Law and History PDF Author: Michael A. Bellesiles
Publisher:
ISBN: 9781565846999
Category : Law
Languages : en
Pages : 358

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Book Description
A guide to the complex debates surrounding the constitutional right to bear arms discusses the significance of the gun lobby in the legislation of firearms and the historical and constitutional arguments for restricting gun ownership.

The Second Amendment in Law and History

The Second Amendment in Law and History PDF Author: Michael A. Bellesiles
Publisher:
ISBN: 9781565846999
Category : Law
Languages : en
Pages : 358

Get Book Here

Book Description
A guide to the complex debates surrounding the constitutional right to bear arms discusses the significance of the gun lobby in the legislation of firearms and the historical and constitutional arguments for restricting gun ownership.

A Well-regulated Militia

A Well-regulated Militia PDF Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0195341031
Category : History
Languages : en
Pages : 289

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Book Description
A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.

The Founders' Second Amendment

The Founders' Second Amendment PDF 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.

Constitution

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

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Book Description


The Positive Second Amendment

The Positive Second Amendment PDF 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.

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

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

Public Safety and Recreational Firearms Use Protection Act

Public Safety and Recreational Firearms Use Protection Act PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 280

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Book Description


The Hidden History of Guns and the Second Amendment

The Hidden History of Guns and the Second Amendment PDF Author: Thom Hartmann
Publisher: Berrett-Koehler Publishers
ISBN: 1523086009
Category : History
Languages : en
Pages : 193

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Book Description
“In this precise primer on firearms practices and policies, progressive talk-show host Hartmann examines the history of routine gun usage and extreme gun violence and assesses the influence of gun ownership on contemporary political, economic, and social norms…A brief but powerful analysis of a searing national crisis.” —Booklist Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, looks at the real history of guns in America and what we can do to limit both their lethal impact and the power of the gun lobby. Taking his typically in-depth, historically informed view, Hartmann examines the brutal role guns have played in American history, from the genocide of the Native Americans to the enforcement of slavery (Slave Patrols are in fact the Second Amendment's “well-regulated militias”) and the racist post–Civil War social order. He shows how the NRA and conservative Supreme Court justices used specious logic to invent a virtually unlimited individual right to own guns, which has enabled the ever-growing number of mass shootings in the United States. But Hartmann also identifies a handful of powerful, commonsense solutions that would break the power of the gun lobby and restore the understanding of the Second Amendment that the Framers of the Constitution intended. This is the kind of brief, brilliant analysis for which Hartmann is justly renowned.

Armed Citizens

Armed Citizens PDF 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.

Repeal the Second Amendment

Repeal the Second Amendment PDF 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.