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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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: 9780945999386
  • Publisher: Independent Institute, The
  • Publication date: 3/28/1994
  • Edition description: 2ND
  • Edition number: 2
  • Pages: 274
  • Sales rank: 563,769
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.60 (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
Introduction: Firearms Prohibition and Constitutional Rights 3
1 The Elementary Books of Public Right 7
The Citizen as Arms Bearer in Greek Polity: Plato and Aristotle 9
From Republic to Empire in Rome: Cicero versus Caesar 14
Machiavellian Interlude: Freedom and the Popular Militia 20
Absolutism versus Republicanism in the Seventeenth Century 24
Arms, Militia, and Penal Reform in Eighteenth-Century Liberal Thought 32
2 The Common Law of England 37
The Tradition of the Armed Freeman 37
Gun Control Laws of the Absolute Monarchs 40
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
3 The American Revolution and the Second Amendment 55
Poore Endebted Discontented and Armed: Bacon's Rebellion of 1676 55
The American Revolution: Armed Citizens against Standing Army 58
The Controversy over Ratification of the Constitution 65
To Keep and Bear Their Private Arms: The Adoption of the Bill of Rights 76
4 Antebellum Interpretations 89
Judicial Commentaries: The Armed Citizen as the Palladium of Liberty 89
Carrying Weapons Concealed: The Only Right Questioned in Early State Cases 93
The Disarmed Slave and the Dred Scott Dilemma 96
That "The People" Means All Humans: Abolitionist Origins of the Fourteenth Amendment 99
5 Freedmen, Firearms, and the Fourteenth Amendment 107
That No State Shall Disarm a Freedman: The Proposal of the Fourteenth Amendment 108
The Public Understanding and State Ratifications of the Fourteenth Amendment 115
The Impact of the Fourteenth Amendment upon State Constitutions 124
That No Militia Shall Disarm a Freedman: The Abolition of the Southern Militia Organizations, 1866-1869 135
Against Deprivation under Color of State Law of the Right to Keep and Bear Arms: The Civil Rights Acts of 1871 and 1875 142
6 The Supreme Court Speaks 155
Post-Reconstruction Decisions 156
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 Arms 170
7 State and Federal Judicial Opinions 179
The Pistol as a Protected Arm 179
State Court Decisions since World War II 184
To Disarm Felons or to Disarm Citizens? Federal Court Decisions from 1940 187
Afterword: Public Policy and the Right to Keep and Bear Arms 193
Notes 199
Index 267
About the Author 275
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Customer Reviews

Average Rating 5
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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.

Sort by: Showing all of 3 Customer Reviews

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