Freedmen The Fourteenth Amendment And The Right To Bear Arms 1866 1876
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| Author | : Stephen P. Halbrook |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 246 |
| Release | : 1998-11-30 |
| Genre | : History |
| ISBN | : 1567507824 |
Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's gun-control debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment. Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.
| Author | : Stephen P. Halbrook |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : History |
| ISBN | : 9781598130386 |
Previously published: Freedmen, the Fourteenth Amendment, and the right to bear arms, 1866-1876. Westport, Conn.: Praeger, c1998.
| Author | : James M. Masnov |
| Publisher | : McFarland |
| Total Pages | : 253 |
| Release | : 2023-03-24 |
| Genre | : Political Science |
| ISBN | : 1476690529 |
Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court's authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining the Court's responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court's reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.
| Author | : Michael Waldman |
| Publisher | : Simon and Schuster |
| Total Pages | : 272 |
| Release | : 2015-05-26 |
| Genre | : History |
| ISBN | : 1476747458 |
Presents a history of the Second Amendment to illuminate its controversies, debates, and misapprehensions, explaining its contexts and purposes while revealing how it came to represent gun-ownership rights in the twentieth century.
| Author | : Evelyn Brooks Higginbotham |
| Publisher | : Harvard University Press |
| Total Pages | : 968 |
| Release | : 2001 |
| Genre | : Biography & Autobiography |
| ISBN | : 9780674002760 |
Compiles information and interpretations on the past 500 years of African American history, containing essays on historical research aids, bibliographies, resources for womens' issues, and an accompanying CD-ROM providing bibliographical entries.
| Author | : United States. Congress. Senate. Committee on the Judiciary |
| Publisher | : |
| Total Pages | : 1410 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
| Author | : Saul Cornell |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2008-08-04 |
| Genre | : History |
| ISBN | : 0190947748 |
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.
| Author | : Nicholas J. Johnson |
| Publisher | : Aspen Publishing |
| Total Pages | : 1470 |
| Release | : 2021-10-06 |
| Genre | : Law |
| ISBN | : 1543826822 |
The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger.Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms
| Author | : Brian Doherty |
| Publisher | : Cato Institute |
| Total Pages | : 170 |
| Release | : 2008-11-01 |
| Genre | : Political Science |
| ISBN | : 193399598X |
In June 2008, the Supreme Court had its first opportunity in seven decades to decide a question at the heart of one of America’s most impassioned debates: Do Americans have a right to possess guns? Gun Control on Trial tells the full story of the Court’s decision in District of Columbia v. Heller, which ended the District’s gun ban. With exclusive behind-the-scenes access throughout the process, author Brian Doherty is uniquely positioned to delve into the issues of this monumental case and provides compelling looks at the inside stories, including the plaintiffs’ fight for the right to protect their lives, the activist lawyers who worked to affirm that right, and the forces who fought to stop the case.
| Author | : Gregg Lee Carter |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 1344 |
| Release | : 2012-05-04 |
| Genre | : History |
| ISBN | : |
Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. The landmark 2002 edition of Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law was acclaimed for helping readers get beyond the sometimes overheated rhetoric and navigate the overwhelming amount of unbiased academic research on gun-related issues. Now, in light of the steady rate of gun violence and several high-profile shooting incidents, this extraordinary three-volume work returns in a timely and thoroughly updated edition. With over 100 new entries, the latest edition of Guns in American Society is the most current resource available on all aspects of the gun issue, including rates of violence, gun control, gun rights, regulations and legislation, court decisions, pro- and anti-gun organizations, gun ownership, hunters and collectors, public opinion toward guns, and much more. With expert contributions from the fields of criminology, history, law, medicine, politics, and social science, it gives students, journalists, policymakers, and researchers a foundation for their own investigations, while helping readers of all kinds make decisions as family members, potential gun owners, and voters.
