The Right to Bear Arms: Rights and Liberties under the Law

by Robert J. Spitzer

Overview

An objective examination of the Second Amendment, focusing on the intentions of its authors, its evolution from America's beginnings to the present, and the views expressed by the courts.

In The Right to Bear Arms: Rights and Liberties under the Law, the first volume in ABC-CLIO's America's Freedoms series, political scientist Robert J. Spitzer combats hysteria and rhetoric with simple facts.

He takes no position on whether more or fewer gun control laws are needed or whether guns are good or bad. Instead, he traces the roots of the Second Amendment, analyzes the opinions and intentions of its authors, follows its application and evolution from its beginnings, and explores the views expressed by the courts. He then carefully compares the intended and the implied meaning of this amendment with the views expressed by the entire spectrum of groups involved in the gun control issue. Armed with the facts, readers can decide for themselves.

Product Details

ISBN-13:	9781576073476
Publisher:	Bloomsbury Academic
Publication date:	11/28/2001
Series:	America's Freedoms
Edition description:	New Edition
Pages:	286
Product dimensions:	6.00(w) x 9.00(h) x 0.81(d)
Age Range:	12 - 18 Years

About the Author

Robert J. Spitzer is Distinguished Service professor of political science at the State University of New York, Cortland, NY.

Table of Contents

	Series Foreword	ix
	Preface and Acknowledgments	xix
1	Introduction	1
	What the Second Amendment Says	6
	Outline of the Book	9
	References and Further Reading	12
2	Origins	13
	The British Heritage	13
	The Colonial Experience	15
	The Constitution	20
	The Federalist-Antifederalist Debate	23
	The Bill of Rights	24
	The Decline of the Old Militia System	28
	Supreme Court Rulings	32
	Other Court Rulings	38
	The Textbook View	42
	Conclusion	42
	References and Further Reading	43
3	Twentieth-Century Issues	49
	Alternate Views	51
	The "Right of Revolution,"	59
	Spreading Arguments in the Media	62
	Seeking Shelter under the Fourteenth Amendment	64
	The Second Amendment and Politics	71
	Rights Talk	81
	Conclusion	84
	References and Further Reading	85
4	The Twenty-first Century	89
	The Brady Law, the Assault Weapons Ban, and Beyond	90
	The New Militia Movement	102
	Recent Court Actions	110
	Escalating Second Amendment Rhetoric	115
	Conclusion	126
	References and Further Reading	127
5	Key People, Cases, and Events	131
6	Documents	155
	The Calling Forth Act of 1792	156
	The Uniform Militia Act of 1792	159
	United States v. Cruikshank (1876)	165
	Presser v. Illinois (1886)	189
	United States v. Miller (1939)	200
	Quilici v. Village of Morton Grove (1982)	206
	State Right-to-Bear-Arms Provisions	218
	Major Party Platforms on Gun Control	227
	Chronology	235
	Table of Cases	243
	Annotated Bibliography	247
	Index	257
	About the Author	263

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Editorial Reviews

As an account of the history and the debate, the book is, despite its brevity, quite successful. It is well-written and touches on all or nearly all of the key issues and developments.” —The Law and Politics Book Review

“Highly accessible and easy to read, this attractively packaged reference work offers sixth- to twelfth-grade readers a comprehensive examination of the Second Amendment to the U.S. Constitution . . . First in America's Freedoms series, this resource will be well-worn within a matter of months.” —VOYA

“This volume provides historical and objective information on this timely and controversial issue . . . This volume is timely and easy to use. It will be most appropriate for high school and undergraduate libraries because of its basic introductory information.” —American Reference Books Annual

From the Publisher