Whose Right to Bear Arms Did the Second Amendment Protect?

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Author: Saul Cornell

ISBN-10: 0312240600

ISBN-13: 9780312240608

Category: U.S. Constitution

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A collection of previously published historical papers gathered to present students with the main historical tendencies in the debate over the intended meaning of the Second Amendment of the Constitution. The articles explore whether the amendment (and, by extension, the Constitution as a whole) should be interpreted as a liberal individualist or republican communitarian document, whether the views of the Federalists and the Antifederalists should be given equal weight, and whether the Second Amendment confers a "right of revolution" against the United States. Annotation c. Book News, Inc., Portland, OR

ForewordvPrefaceviiA Note for StudentsxiPart 1The Document1Constitutional Amendments Proposed to and Ratified by the States, Including the Second Amendment3Part 2Introduction7"To Keep and Bear Arms"9The Militia, the People, and the Problem of Rights in Revolutionary America9Scholars and the Second Amendment17Part 3Some Current Questions251.Did the Second Amendment protect an individual's right to own guns?27The Armed Citizen in the Early Republic2.Was the Second Amendment intended to protect the people's right to maintain a well-regulated militia?51A Well-Regulated Militia: The Origins and Meaning of the Second Amendment, From The Bill of Rights: A Lively Heritage3.Does the Standard Model of the Second Amendment favored by some legal scholars distort the original understanding of the right to bear arms?63To Keep and Bear Arms, With Letters in Rebuttal from Sanford Levinson, David C. Williams, and Glenn Harlan Reynolds4.Was the Second Amendment primarily about the struggle between Federalists and Antifederalists over the nature of federalism?97The Federalized Militia Debate: A Neglected Aspect of Second Amendment Scholarship5.How did the reality of the militia differ from the ideal of the militia in Revolutionary America?123The People in Arms: The Invincible yeoman, From Inventing the People: The Rise of Popular Sovereignty in England and America6.Was the Second Amendment an outgrowth of America's gun culture?145The Origins of Gun Gulture in the United States, 1760-1865Making Connections181Suggestions for Further Reading185