A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

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Oxford University Press, Aug 1, 2006 - History - 288 pages
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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. Winner of the Langum Prize in American Legal History/Legal Biography
 

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A well-regulated militia: the founding fathers and the origins of gun control in America

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In this intelligent, carefully rendered history of gun policy in the United States, Cornell (history, Ohio State Univ.; director, Second Amendment Research Ctr.;The Other Founders: Anti-Federalism and ... Read full review

Contents

Introduction
1
English Tyranny versus American Liberty Bearing Arms in Revolutionary America
9
A WellRegulated Militia The Origins of the Second Amendment
39
The True Palladium of Liberty Federalists Jeffersonians and the Second Amendment
73
Militias Mobs and Murder Testing the Limits of the Right to Bear Arms
109
Rights Regulations Revolution The Antebellum Debate over Guns
137
Individual or Collective Right The Fourteenth Amendment and the Origins of the Modern Gun Debate
167
A New Paradigm for the Second Amendment
211
Notes
219
Index
262
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About the author (2006)

Saul Cornell is Associate Professor of History at Ohio State University and Director of the Second Amendment Research Center at the John Glenn Institute. An authority on constitutional history and especially on the Second Amendment, he is the author of The Other Founders: Anti-Federalism and the Dissenting Tradition in America and editor of Whose Right to Bear Arms Did the Second Amendment Protect?

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