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A Well Regulated Militia

Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0195341031
Size: 33.38 MB
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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.

A Well Regulated Militia

Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199712441
Size: 13.17 MB
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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

A Well Regulated Militia

Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199743649
Size: 22.63 MB
Format: PDF, ePub
View: 6978
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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

Gunfight The Battle Over The Right To Bear Arms In America

Author: Adam Winkler
Publisher: W. W. Norton & Company
ISBN: 0393082296
Size: 73.63 MB
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A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.

Whose Right To Bear Arms Did The Second Amendment Protect

Author: Saul Cornell
Publisher: Palgrave Macmillan
ISBN: 9780312228187
Size: 30.22 MB
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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.

The Second Amendment

Author: Michael Waldman
Publisher: Simon and Schuster
ISBN: 1476747458
Size: 12.18 MB
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At a time of renewed debate over guns in America, what does the Second Amendment mean? This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men -- who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the 20th century, with Prohibition and gangsterism, the first federal control laws were passed. On all four occasions, the Supreme Court ruled against a constitutional right to own a gun. The present debate picked up in the 1970s -- part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of "originalism," Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.

A Well Regulated Militia

Author: William Weir
Publisher:
ISBN:
Size: 31.12 MB
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Discusses the origins of the arguments of both supporters and opponents of gun control, and argues that both sides distort the facts and ignore the social causes of violence

That S Not What They Meant

Author: Michael Austin
Publisher: Prometheus Books
ISBN: 1616146710
Size: 65.45 MB
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This book examines dozens of books, articles, speeches, and radio broadcasts by such figures as Glenn Beck, Mark Levin, Sean Hannity, Larry Schweikart, and David Barton to expose the deep historical flaws in their use of America's founding history. In contrast to their misleading method of citing proof texts to serve a narrow agenda, Austin allows the Founding Fathers to speak for themselves, situating all quotations in the proper historical context. What emerges is a true historical picture of men who often disagreed with one another on such crucial issues as federal power, judicial review, and the separation of church and state. As Austin shows, the real legacy of the Founding Fathers to us is a political process: a system of disagreement, debate, and compromise that has kept democracy vibrant in America for more than two hundred years. Austin’s carefully researched and rigorously argued book is essential reading for anyone seeking the accurate historical background to many of the today's hot-button political debates. From the Trade Paperback edition.

That Every Man Be Armed

Author: Stephen P. Halbrook
Publisher: UNM Press
ISBN: 0826352987
Size: 16.58 MB
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"A revised and updated edition of Halbrook's 1984 book discussing the Second Amendment and the individual right to bear arms"--Provided by publisher.