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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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The Second Amendment - The Intent and Its Interpretation by the States and the Supreme Court (Paperback)
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The Second Amendment - The Intent and Its Interpretation by the States and the Supreme Court (Paperback)
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'A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed'. For the past half century, legal historians,
analysts, judges and commentators have disagreed as to the original
scope and intent of these words, making up the Second Amendment to
the United States Constitution. Individual right theorists
interpret it as protecting the personal privilege to own and carry
firearms, while collective right theorists interpret it as only
protecting the privilege of a collective society to bear arms in
relation to militia service. This book examines the contentions of
both groups and concludes that the amendment is meant only to
protect the right of an individual to 'keep and bear arms' for the
purpose of defending the country in a militia force against
standing foreign or domestic armies. To interpret the amendment in
any other way, the author argues, is to take its wording out of
context and overextend a limited right that predated the
Constitution and was essential to the founding of the nation. In
crafting his argument, the author examines the Second Amendment in
exacting detail, looking at its earliest drafts and its placement
within the Bill of Rights, the state constitutional ratifying
conventions, and judicial interpretations of the amendment through
the landmark decision in 2008's District of Columbia v. Heller. The
two final chapters examine the relationship between the Second
Amendment and individual states, focusing specifically on the state
of Ohio's 'right to bear arms' provisions provided in its 1802
constitution.
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