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That Every Man Be Armed: The Evolution of a Constitutional Right [Minkštas viršelis]

4.33/5 (70 ratings by Goodreads)
  • Formatas: Paperback / softback, 336 pages, weight: 509 g
  • Išleidimo metai: 15-Feb-2013
  • Leidėjas: University of New Mexico Press
  • ISBN-10: 0826352987
  • ISBN-13: 9780826352989
Kitos knygos pagal šią temą:
  • Formatas: Paperback / softback, 336 pages, weight: 509 g
  • Išleidimo metai: 15-Feb-2013
  • Leidėjas: University of New Mexico Press
  • ISBN-10: 0826352987
  • ISBN-13: 9780826352989
Kitos knygos pagal šią temą:
"A revised and updated edition of Halbrook's 1984 book discussing the Second Amendment and the individual right to bear arms"--Provided by publisher.

Halbrook, a lawyer and gun enthusiast, presents a historical analysis of gun-ownership and the laws regulating them. Specifically he examines gun-rights in the context of the US Constitution and the history of gun-ownership in securing American freedom. This leads him to consider English common law, the American Revolution, the Civil War, Ancient Greek philosophy, and Supreme Court cases that subtend American gun laws. In an afterword on public policy and the Second Amendment, he argues that "overly restrictive interpretations of the Second Amendment are associated with reactionary concepts in several respects, including elitism, militarism, and racism." Paradoxically, in this revised and updated edition, "the text has not been materially altered," though a new epilogue "shows the progress of the [ Supreme] Court leading to the recognition of Second Amendment Rights." Annotation ©2013 Book News, Inc., Portland, OR (booknews.com)

That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today's controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook's study remains the most comprehensive general work on the right to keep and bear arms.

Preface to the Revised and Updated Edition ix
Preface to the Original Edition xv
Introduction: Firearms Prohibition and Constitutional Rights xix
Chapter 1 The Elementary Books Of Public Right
1(34)
The Citizen as Arms Bearer in Greek Polity: Plato and Aristotle
3(7)
From Republic to Empire in Rome: Cicero Versus Caesar
10(7)
Machiavellian Interlude: Freedom and the Popular Militia
17(5)
Absolutism Versus Republicanism in the Seventeenth Century
22(8)
Arms, Militia, and Penal Reform in Eighteenth-Century Liberal Thought
30(5)
Chapter 2 The Common Law Of England
35(22)
The Tradition of the Armed Freeman
36(3)
Gun Control Laws of the Absolute Monarchs
39(4)
That Subjects May Have Arms for Their Defense: The Glorious Revolution and Bill of Rights
43(6)
The Common-Law Liberty to Have Arms: From Coke to Blackstone
49(8)
Chapter 3 The American Revolution And The Second Amendment
57(39)
Poore, Endebted, Discontented, and Armed: Bacon's Rebellion of 1676
58(2)
The American Revolution: Armed Citizens Against a Standing Army
60(10)
The Controversy over Ratification of the Constitution
70(1)
The Federalist Promise: To Trust the People with Arms
71(11)
To Keep and Bear Their Private Arms: The Adoption of the Bill of Rights
82(14)
Chapter 4 Antebellum Interpretations
96(21)
Judicial Commentaries: The Armed Citizen as the Palladium of Liberty
97(4)
Carrying Weapons Concealed: The Only Right Questioned in Early State Cases
101(4)
The Disarmed Slave and the Dred Scott Dilemma
105(3)
That "the People" Means All Humans: Abolitionist Origins of the Fourteenth Amendment
108(9)
Chapter 5 Freedmen, Firearms, And The Fourteenth Amendment
117(56)
That No State Shall Disarm a Freedman: The Proposal of the Fourteenth Amendment
118(9)
The Public Understanding and State Ratifications of the Fourteenth Amendment
127(10)
The Impact of the Fourteenth Amendment upon State Constitutions
137(13)
That No Militia Shall Disarm a Freedman: The Abolition of the Southern Militia Organizations, 1866-1869
150(9)
Against Deprivation Under Color of State Law of the Right to Keep and Bear Arms: The Civil Rights Acts of 1871 and 1875
159(14)
Chapter 6 The Supreme Court Speaks
173(29)
Post-Reconstruction Decisions
174(10)
The Right to Keep and Bear Militia Arms: United States v. Miller (1939)
184(7)
The Logic of Incorporation and the Fundamental Character of the Right to Keep and Bear Arms
191(11)
Chapter 7 State And Federal Judicial Decisions
202(17)
The Pistol as a Protected Arm
202(6)
State Court Decisions Since World War II
208(4)
To Disarm Felons or to Disarm Citizens? Federal Court Decisions from 1940
212(7)
Afterword: Public Policy and the Right to Keep and Bear Arms 219(6)
Update to New Edition 225(8)
Notes 233(68)
Index 301
Stephen P. Halbrooks recent books include The Founders Second Amendment and The Swiss and the Nazis. He is an attorney in Fairfax, Virginia, USA whose works are cited by the Supreme Court.