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That Every Man Be Armed: The Evolution of a Constitutional Right » (2ND)

Book cover image of That Every Man Be Armed: The Evolution of a Constitutional Right by Stephen P. Halbrook

Authors: Stephen P. Halbrook, Stephen P. Halbrook
ISBN-13: 9780945999386, ISBN-10: 0945999380
Format: Paperback
Publisher: Independent Institute, The
Date Published: March 1994
Edition: 2ND

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Author Biography: Stephen P. Halbrook

Stephen P. Halbrook has taught philosophy and law at Tuskegee Institute, Georgetown University, Howard University, and George Mason University. He has won three cases he argued before the U.S. Supreme Court, including Printz v. United States, which overturned portions of the “Brady Bill” requiring local police to enforce federal gun control regulations.

Book Synopsis

This is an authoritative study of the second amendment, using history and current-day analysis. It is one of the only scholarly works on the subject, but has proven widely accessible. Halbrook traces the origins of the Second Amendment back to ancient Greece and Rome, and then through the “freemen” movement in 18th-century England and France. He demonstrates that the framers of the Constitution were conscious of such history when they drafted the Second Amendment, and that the Second Amendment was clearly intended to allow possession of firearms not just for defense of personal life and property but also to prevent government infringement of human liberties. His meticulous, thorough scholarship demonstrates that the right to bear arms is as fundamental a right under the Constitution as freedom of speech and freedom of religion.

Table of Contents

Preface
Introduction: Firearms Prohibition and Constitutional Rights3
1The Elementary Books of Public Right7
The Citizen as Arms Bearer in Greek Polity: Plato and Aristotle9
From Republic to Empire in Rome: Cicero versus Caesar14
Machiavellian Interlude: Freedom and the Popular Militia20
Absolutism versus Republicanism in the Seventeenth Century24
Arms, Militia, and Penal Reform in Eighteenth-Century Liberal Thought32
2The Common Law of England37
The Tradition of the Armed Freeman37
Gun Control Laws of the Absolute Monarchs40
That Subjects May Have Arms for Their Defense: The Glorious Revolution and Bill of Rights43
The Common-Law Liberty to Have Arms: From Coke to Blackstone49
3The American Revolution and the Second Amendment55
Poore Endebted Discontented and Armed: Bacon's Rebellion of 167655
The American Revolution: Armed Citizens against Standing Army58
The Controversy over Ratification of the Constitution65
To Keep and Bear Their Private Arms: The Adoption of the Bill of Rights76
4Antebellum Interpretations89
Judicial Commentaries: The Armed Citizen as the Palladium of Liberty89
Carrying Weapons Concealed: The Only Right Questioned in Early State Cases93
The Disarmed Slave and the Dred Scott Dilemma96
That "The People" Means All Humans: Abolitionist Origins of the Fourteenth Amendment99
5Freedmen, Firearms, and the Fourteenth Amendment107
That No State Shall Disarm a Freedman: The Proposal of the Fourteenth Amendment108
The Public Understanding and State Ratifications of the Fourteenth Amendment115
The Impact of the Fourteenth Amendment upon State Constitutions124
That No Militia Shall Disarm a Freedman: The Abolition of the Southern Militia Organizations, 1866-1869135
Against Deprivation under Color of State Law of the Right to Keep and Bear Arms: The Civil Rights Acts of 1871 and 1875142
6The Supreme Court Speaks155
Post-Reconstruction Decisions156
The Right to Keep and Bear Militia Arms: United States v. Miller (1939)164
The Logic of Incorporation and the Fundamental Character of the Right to Keep and Bear Arms170
7State and Federal Judicial Opinions179
The Pistol as a Protected Arm179
State Court Decisions since World War II184
To Disarm Felons or to Disarm Citizens? Federal Court Decisions from 1940187
Afterword: Public Policy and the Right to Keep and Bear Arms193
Notes199
Index267
About the Author275

Subjects