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A Well-Regulated Militia - The Founding Fathers and the Origins of Gun Control in America (Paperback)
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A Well-Regulated Militia - The Founding Fathers and the Origins of Gun Control in America (Paperback)
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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.
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