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INDIVIDUAL OR COLLECTIVE RIGHT: THE FOURTEENTH AMENDMENT AND THE ORIGINS OF THE MODERN GUN DEBATE

Saul Cornell

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

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0007
Subject:
History, American History: early to 18th Century

This chapter focuses on the impact of the Civil War on the Second Amendment. Topics covered include the right to bear arms in the Reconstruction South, the Fourteenth Amendment, the rise and fall of ... More


The Myth of Rights: Of Aliens, Corporations, and Guns

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.001
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion of the focus of the book, which is the provisions and amendments of the Constitution that are generally understood to grant the most important individual rights: ... More


SDRs and the negotiation of the Second Amendment to the Fund's Articles of Agreement

Christopher M.D. Wilkie

in Special Drawing Rights (SDRs): The First International Money

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606467
eISBN:
9780191731648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606467.003.0006
Subject:
Economics and Finance, Macro- and Monetary Economics

The Second Amendment to the IMF Articles of Agreement (the Jamaica Agreement) did much more than simply legalize the floating exchange rate system. Of fundamental importance were decisions to ... More


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

Saul Cornell

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.001.0001
Subject:
History, American History: early to 18th Century

Americans are deeply divided over the Second Amendment. Some 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 ... More


“THE TRUE PALLADIUM OF LIBERTY”: FEDERALISTS, JEFFERSONIANS, AND THE SECOND AMENDMENT

Saul Cornell

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

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0004
Subject:
History, American History: early to 18th Century

This chapter focuses on the role of the Second Amendment in America's new constitutional system. Topics discussed include the Whiskey Rebellion, rising political tempers and partisan fervor in the ... More


CONCLUSION: A NEW PARADIGM FOR THE SECOND AMENDMENT

Saul Cornell

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

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0008
Subject:
History, American History: early to 18th Century

This concluding chapter discusses what can be gleaned from the history of the Second Amendment. It is argued that the most important consequence of reading the Second Amendment by its original ... More


INTRODUCTION

Saul Cornell

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

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0001
Subject:
History, American History: early to 18th Century

This introductory chapter begins with a discussion of the original meaning of the Second Amendment, tracing its history from the 18th history. It then considers the public debates over the right to ... More


A WELL-REGULATED MILITIA: THE ORIGINS OF THE SECOND AMENDMENT

Saul Cornell

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

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0003
Subject:
History, American History: early to 18th Century

This chapter explores the development of a states's rights theory of the militia and the right to bear arms. Topics covered include debates during the Philadelphia convention, the right to bear arms ... More


RIGHTS, REGULATIONS, REVOLUTION: THE ANTEBELLUM DEBATE OVER GUNS

Saul Cornell

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

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0006
Subject:
History, American History: early to 18th Century

This chapter focuses on the change in the nature of American gun culture during the early decades of the next century. Americans began carrying weapons primarily for personal self-defense. The ... More


The Mythic Meanings of the Second Amendment: Taming Political Violence in a Constitutional Republic

David C. Williams

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300095623
eISBN:
9780300127553
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095623.001.0001
Subject:
Law, Constitutional and Administrative Law

The Second Amendment, which concerns the right of the people to keep and bear arms, has been the subject of great debate for decades. Does it protect an individual's right to arms or only the right ... More


The Original Legal Meaning of the Second Amendment and the Military Provisions of the Constitution

David C. Williams

in The Mythic Meanings of the Second Amendment: Taming Political Violence in a Constitutional Republic

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300095623
eISBN:
9780300127553
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095623.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter presents the rationale behind the existence of the Second Amendment in the American constitution. The Second Amendment aims to ensure that citizens can still serve as a measure of check ... More


MILITIAS, MOBS, and MURDER: TESTING THE LIMITS OF THE RIGHT TO BEAR ARMS

Saul Cornell

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

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0005
Subject:
History, American History: early to 18th Century

This chapter focuses on the Jeffersonian era. The Jeffersonian era not only helped transform the meaning in law of self-defense, but also tested the limits of the revived states' rights theory of the ... More


Outgroups and the Second Amendment

David C. Williams

in The Mythic Meanings of the Second Amendment: Taming Political Violence in a Constitutional Republic

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300095623
eISBN:
9780300127553
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095623.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter explains that cultural outgroups, those who fall outside the traditionally restrictive visions of the American people, offer more cautions to modern theorists of the Second Amendment, ... More


Antirevolutionists

David C. Williams

in The Mythic Meanings of the Second Amendment: Taming Political Violence in a Constitutional Republic

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300095623
eISBN:
9780300127553
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095623.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter argues that there are some Americans who do not believe that the Second Amendment is a revolutionary text and that it does not explicitly recognize the right to resist a corrupt ... More


The History of the Second Amendment

David C. Williams

in The Mythic Meanings of the Second Amendment: Taming Political Violence in a Constitutional Republic

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300095623
eISBN:
9780300127553
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095623.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter explores the history of the Second Amendment of the United States Constitution. In 1776, the American colonies declared independence from the British Empire by claiming the popular right ... More


The Militia Movement's Theory of the Second Amendment

David C. Williams

in The Mythic Meanings of the Second Amendment: Taming Political Violence in a Constitutional Republic

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300095623
eISBN:
9780300127553
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095623.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the militia movement's theory of the Second Amendment represents the most extreme rendition of the populist interpretation. The militia movement shares much with the ... More


The Third-Term Controversy

Brian C. Kalt

in Constitutional Cliffhangers

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300123517
eISBN:
9780300178012
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300123517.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the Twenty-Second Amendment, ratified in 1951, which states that the president of the United States is limited to serving two terms. However, given strong enough incentives and ... More


Scripturalizing and the Second Amendment

Rosamond C. Rodman

in The Bible and Feminism: Remapping the Field

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198722618
eISBN:
9780191789311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198722618.003.0036
Subject:
Religion, Biblical Studies

Expanding beyond the text of the Bible, this chapter explores instead a piece of political scripture, namely the Second Amendment of the US Constitution. Over the last half-decade, the Second ... More


Reading with Guns: District of Columbia v. Heller

John Frow

in On Interpretive Conflict

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226613956
eISBN:
9780226614144
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614144.003.0002
Subject:
Literature, Criticism/Theory

This chapter explores a 2008 US Supreme Court case that brings into play two starkly contrasted readings of the Second Amendment to the US Constitution: a textualist or “originalist” reading written ... More


An Arbitrary Jurisprudence: Heller

Edward A. Jr. Purcell Jr.

in Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter examines Justice Antonin Scalia’s highly controversial opinion in District of Columbia v. Heller construing the Second Amendment and holding that the U.S. Constitution establishes an ... More


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