The Militia And The Right To Arms Or How The Second Amendment Fell Silent PDF Books

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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
Author: H. Richard Uviller
Publisher: Duke University Press
ISBN: 0822384272
Size: 32.99 MB
Format: PDF, ePub
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"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.
The Militia and the Right to Arms, or, How the Second Amendment Fell Silent
Language: en
Pages: 352
Authors: H. Richard Uviller, William G. Merkel
Categories: Political Science
Type: BOOK - Published: 2002-12-30 - Publisher: Duke University Press
"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
Internationale Bibliographie der Rezensionen wissenschaftlicher Literatur
Language: de
Pages:
Authors: H. Richard Uviller, William G. Merkel
Categories: Learning and scholarship
Type: BOOK - Published: 2004 - Publisher:
Books about Internationale Bibliographie der Rezensionen wissenschaftlicher Literatur
The Legacy of the Rehnquist Court
Language: en
Pages: 258
Authors: H. Richard Uviller, William G. Merkel
Categories: Separation of powers
Type: BOOK - Published: 2006 - Publisher:
Books about The Legacy of the Rehnquist Court
Firearms Law and the Second Amendment
Language: en
Pages: 1416
Authors: Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O'Shea
Categories: Law
Type: BOOK - Published: 2017-10-05 - Publisher: Wolters Kluwer Law & Business
This casebook is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court’s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred’s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. Key Benefits: Comprehensive coverage of all aspects of firearms law, from early English origins to present-day debates. Ideally suited for a dedicated law school course in firearms law and the Second Amendment. Supplemental materials on the website will provide a continuing research resource, tracking the most current developments in firearms law, regulation, and policy. Five online chapters on firearms
The Journal of Military History
Language: en
Pages:
Authors: Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O'Shea
Categories: Military history
Type: BOOK - Published: 2004 - Publisher:
Books about The Journal of Military History
American Law Reports
Language: en
Pages:
Authors: Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O'Shea
Categories: Law reports, digests, etc
Type: BOOK - Published: 2007 - Publisher:
Books about American Law Reports
Symposium
Language: en
Pages: 588
Authors: Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O'Shea
Categories: Firearms
Type: BOOK - Published: 2009 - Publisher:
Books about Symposium
Landmark Briefs and Arguments of the Supreme Court of the United States
Language: en
Pages:
Authors: United States. Supreme Court
Categories: Constitutional law
Type: BOOK - Published: 2008 - Publisher:
Books about Landmark Briefs and Arguments of the Supreme Court of the United States
Criminal Justice
Language: en
Pages: 1318
Authors: Phyllis B. Gerstenfeld
Categories: Law
Type: BOOK - Published: 2006 - Publisher: Salem PressInc
Contains 625 alphabetically arranged entries that examine various aspects of criminal justice in the U.S., covering criminals, codes and categories of law, law enforcement agencies, courts, corrections, the U.S. Constitution, and Supreme Court rulings. Includes a time line, personages and subject indexes, and other reference materials.
Index to Legal Periodicals & Books
Language: en
Pages:
Authors: Phyllis B. Gerstenfeld
Categories: Law
Type: BOOK - Published: 2004 - Publisher:
Books about Index to Legal Periodicals & Books