The Second Amendment: The Intent and Its Interpretation by the States and the Supreme Court

The Second Amendment: The Intent and Its Interpretation by the States and the Supreme Court

by Patrick J. Charles
The Second Amendment: The Intent and Its Interpretation by the States and the Supreme Court

The Second Amendment: The Intent and Its Interpretation by the States and the Supreme Court

by Patrick J. Charles

Paperback

$39.95 
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Overview

"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." Legal historians, analysts, judges and commentators have long disagreed about the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service.

This book examines the contentions of both groups and concludes that the amendment is meant only to protect the right of an individual to "keep and bear arms" for the purpose of defending the country in a militia force against standing foreign or domestic armies. In crafting his argument, the author examines the Second Amendment in exacting detail. On June 28, 2010, the book was cited by Associate Supreme Court Justice Stephen Breyer in a dissenting opinion for the landmark case McDonald v. City of Chicago.


Product Details

ISBN-13: 9780786442706
Publisher: McFarland & Company, Inc., Publishers
Publication date: 02/11/2009
Pages: 232
Sales rank: 672,732
Product dimensions: 5.90(w) x 8.90(h) x 0.60(d)
Age Range: 18 Years

About the Author

Patrick J. Charles is an historian for Air Force Special Operations Command and the author of many articles and books on the Constitution, legal history, and standards of review. His writings have been cited by numerous federal circuit courts, and by the Supreme Court in McDonald v. City of Chicago. He lives in Silver Spring, Maryland.

Table of Contents

Table of Contents

Acknowledgments     
Preface     
Introduction: The Supreme Court and the Second Amendment     

1. The Right of the People to Keep and Bear Arms Shall Not Be Infringed     
2. Revisionist Judicial Interpretation and Review     
3. Placing the Second Amendment in Its Proper Historical Context     
4. The Conditional Right to Keep and Bear Arms     
5. “In Defence of Themselves and the State”     
6. Bearing Arms in the Ohio Constitution     

Chapter Notes     
Bibliography     
Index     
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