That Every Man Be Armed: The Evolution of a Constitutional Right

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Overview


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 ...
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Softcover Revised and Updated Edition. 336 pages. Softcover. Brand new book. LAW. That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. ... Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today's controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook's study remains the most comprehensive general work on the right to keep and bear arms. Stephen P. Halbrook's recent books include The Founders' Second Amendment and The Swiss and the Nazis. He is an attorney in Fairfax, Virginia, whose works are cited by the Supreme Court. "Aimed not simply at law scholars or students, but at every citizen who is interested in discovering Read more Show Less

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That Every Man Be Armed: The Evolution of a Constitutional Right. Revised and Updated Edition.

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Overview


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.
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Editorial Reviews

From the Publisher

“The definitive book on the historical and legal development of the Second Amendment and our right to bear arms.” —Senator Orrin G. Hatch

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Product Details

  • ISBN-13: 9780826352989
  • Publisher: University of New Mexico Press
  • Publication date: 2/15/2013
  • Edition description: Revised and Updated Edition
  • Pages: 336
  • Sales rank: 318,042
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.10 (d)

Meet the Author


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.
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Table of Contents

Preface to the Revised and Updated Edition ix

Preface to the Original Edition xv

Introduction: Firearms Prohibition and Constitutional Rights xix

Chapter 1 The Elementary Books of Public Right 1

The Citizen as Arms Bearer in Greek Polity: Plato and Aristotle 3

From Republic to Empire in Rome: Cicero Versus Caesar 10

Machiavellian Interlude: Freedom and the Popular Militia 17

Absolutism Versus Republicanism in the Seventeenth Century 22

Arms, Militia, and Penal Reform in Eighteenth-Century Liberal Thought 36

Chapter 2 The Common Law of England 35

The Tradition of the Armed Freeman 36

Gun Control Laws of the Absolute Monarchs 39

That Subjects May Have Arms for Their Defense: The Glorious Revolution and Bill of Rights 43

The Common-Law Liberty to Have Arms: From Coke to Blackstone 49

Chapter 3 The American Revolution and the Second Amendment 57

Poore, Endebted, Discontented, and Armed: Bacon's Rebellion of 1676 58

The American Revolution: Armed Citizens Against a Standing Army 60

The Controversy over Ratification of the Constitution 70

The Federalist Promise: To Trust the People with Arms 71

To Keep and Bear Their Private Arms: The Adoption of the Bill of Rights 82

Chapter 4 Antebellum Interpretations 96

Judicial Commentaries: The Armed Citizen as the Palladium of Liberty 97

Carrying Weapons Concealed: The Only Right Questioned in Early State Cases 101

The Disarmed Slave and the Dred Scott Dilemma 105

That "the People" Means All Humans: Abolitionist Origins of the Fourteenth Amendment 108

Chapter 5 Freedmen, Firearms, and the Fourteenth Amendment 117

That No State Shall Disarm a Freedman: The Proposal of the Fourteenth Amendment 118

The Public Understanding and State Ratifications of the Fourteenth Amendment 127

The Impact of the Fourteenth Amendment upon State Constitutions 137

That No Militia Shall Disarm a Freedman: The Abolition of the Southern Militia Organizations, 1866-1869 l50

Against Deprivation Under Color of State Law of the Right to Keep and Bear Arms: The Civil Rights Acts of 1871 and 1875 159

Chapter 6 The Supreme Court Speaks 173

Post-Reconstruction Decisions 174

The Right to Keep and Bear Militia Arms: United States v. Miller (1939) 184

The Logic of Incorporation and the Fundamental Character of the Right to Keep and Bear Arms 191

Chapter 7 State and Federal Judicial Decisions 202

The Pistol as a Protected Arm 202

State Court Decisions Since World War II 208

To Disarm Felons or to Disarm Citizens? Federal Court Decisions from 1940 212

Afterword: Public Policy and the Right to Keep and Bear Arms 219

Update to New Edition 225

Notes 233

Index 301

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Customer Reviews

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Sort by: Showing all of 3 Customer Reviews
  • Posted December 2, 2012

    more from this reviewer

    Scholarly and sober

    As an examination of the original intent of the meaning of the 2nd Amendment, this is a good book. Including citations and references, a thorough analysis of what was implied and intended by this amendment is shown here. It could be a little dry at moments, but there is a lot of material to convey, parsed into periods of history, from Greece to Rome, through English history, and how the understanding of gun rights have changed and been mischaracterized through American history (including the racist origins of gun control in the Civil War and Reconstruction, and during the Civil Rights riots in the 1960s).

    2 out of 2 people found this review helpful.

    Was this review helpful? Yes  No   Report this review
  • Posted February 5, 2013

    more from this reviewer

    tells it like it is, well, like its supposed to be

    tells it like it is, well, like its supposed to be

    1 out of 1 people found this review helpful.

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  • Anonymous

    Posted December 28, 2008

    No text was provided for this review.

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