The rights retained by the people is in certain parts not an easy book to read. First, it is a history of how the second amendment has been interpreted. The interpretation of the second amendment to the constitution of the united states of america has been a topic of controversy since its acceptance over twohundred years ago. Discover delightful childrens books with prime book box, a subscription that. The second amendment amendment ii to the united states constitution protects the individual right to keep and bear arms. The second amendment in historical perspective paul finkelman a well regulated militia, composed of gentlemen freeholders, and other freemen, is the natural strength and only stable security of a free government. Glenn harlan reynolds, beauchamp brogan distinguished professor of law, university of tennessee. The articles in this collection support an interpretation of the second amendment as a. The misguided second amendment interpretations of justices. The second amendment does not transcend all others. The rifle itself has no moral stature, since it has no will of its own.
The second amendment of the united states constitution reads. A brief summary of the 2nd amendment 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. If you wanted to know all about the big bang, youd ring up carl sagan, right. For about two hundred years, the meaning of the second amendment was clear and mostly undisputed, despite the gnarled syntax of the text. The second amendment, ratified in 1791, is one of 10 amendments that form the bill of rights. But the second amendment of the bill of rights is indeed a wellcrafted sentence. The courts have not, to date, interpreted the second amendment beyond the right of in stephenss phrase owning a. Despite the challenge, courts repeatedly incorporate the history surrounding the amendment in their decisions. The true meaning of the second amendment the atlantic. Common coreapproved textbooks rewrite second amendment. In an era in which militias have long passed into history, waldman seems to reluctantly accept that the second amendment now reflects the fact that the widespread acceptance of some form of gun ownership is part of the way americans think. The first amendment amendment i to the united states constitution prevents the government from making laws which regulate an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances.
Since it was first put to paper, legal scholars, gun owners and antigun activists have engaged in an endless discussion over the meaning and scope of the second amendment, and for most of that time, gun owners have been on the losing side of the argument. In a 54 decision, the court, meticulously detailing the history and tradition of. The ongoing debate about the second amendment and the right to bear arms continues to set off multiple explosions in the blogosphere. The second amendment book by michael waldman official. A direct response to the rise of gangster violence in general and the st. The new group pushed for a novel interpretation of the second amendment, one that. As a statement of what the law is, this is flat wrong. Jill lepore recounted this history in a recent piece for the new yorker. And if you wanted to know about desert warfare, the man to call would be norman schwarzkopf, no question about it. Lately, a lot of attention has been given to the amendment with the government wanting to make stricter gun laws, infringing the peoples right to keep and bear arms, according to some citizens. The founders never intended to create an unregulated individual right to a gun.
Masseys fourpart interpretative analysis would result in a dynamic ninth amendment. Long overlooked or ignored, the second amendment has become the object of some study and much debate. Politics changed the reading of the second amendmentand. Supreme court justices to extend the second amendment s protections to all guns in common use is at odds with its history. Our view of the second amendment, he writes, is set at every stage of the nations history, not by a pristine constitutional text, but by the pushandpull, the roughandtumble of. With help from the national rifle association and the progun lobby, the idea that the second amendment to the united states constitution guarantees an unrestricted right to gun ownership has. The court ruled that the second amendment to the u. The pulitzer prizewinning history professor tells us how the constitution came to be written and ratified and explains why, after more than 200 years, americans are still so deeply wedded to it. Through most of american history, the second amendment guaranteed the right to be a citizensoldier, not an individual vigilante. A biography by michael waldman is an important book that looks at two important things regarding the constitution. George mason, the history of the second amendment is rooted in english.
The national rifle associations long crusade to bring its interpretation of the. With wit and erudition, michael waldman tells the story of how the amendment s meaning was turned upsidedown and insideout. It is, however, a fascinating read for the history it contains, the lively debate it charts, and the important conclusions some of. Stephen halbrooks the founders second amendment is crisply written, rich with history, and sure to be valuable to anyone interested in understanding the original meaning of the second amendment s right to bear arms. It establishes the right to bear arms and figures prominently in. Dont look for answers in dusty law books or the arcane reaches of theory. The re interpretation of the second amendment was an elaborate and brilliantly executed political operation, inside and outside of government. Constitution, was a finalist for this years american bar association silver gavel book award. First, it is a history of how the second amendment. This controversy stems from the fact that the amendment was written for reasons for the most part that do not have any relevance today. The best books on the us constitution five books expert. A citizens guidebook to the history, sources, and authorities for the.
Twentysecond amendment to the united states constitution. Heller 2008, the supreme court affirmed for the first time that the right belongs to individuals, for selfdefense in the home, while also including, as dicta, that the right. The twentysecond amendment amendment xxii to the united states constitution sets a limit on the number of times an individual is eligible for election to the office of president of the united states, and also sets additional eligibility conditions for presidents. To interpret the second amendment in any other way is to take its wording out of context pp. I always find it interesting when some current event coincides with a history book i am reading. The best books on the us constitution recommended by jack rakove. The second amendment reads, a well regulated militia, being necessary to the security of a free state, the right of the people to keep. Vandercoy 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. The second amendment is a smart history of guns and the u. Author michael waldman and the cover of his book, the second amendment.
The amendment was written to calm public fear that the new national government would crush the state militias made up of all white adult. Next month we continue our introduction with an examination of the judicial decisions influencing the legal interpretation of the second amendment which often includes references to the history outlined above. But in the grand sweep of american history, this sentence has never. It comprehensively treats supreme court case law and offers a structured, analytical approach to the fourth amendment, addressing foundational questions. Second amendment definition in texas school work book triggers. Waldmans new book will not make the most zealous nra advocates happy, but for anyone who wants his or her history of the second amendment straightup, this is the most comprehensive, accessible, and compelling version of the story in print. An encyclopedia of history, politics, culture, and the law. The history of the second amendment in the supreme court. While the mainstream media tends to celebrate only books from the left, the conservative book club has provided a muchneeded resource for readers interested in conservative politics and conservative values. Ive seen comments in here regarding language drift and the supreme courts interpretation on the language of the 2nd amendment. Why do people interpret the second amendment wrong. The amendment was written to calm public fear that the new national government would crush the state militias made up of all white adult menawho were required to own a gun to serve. In miller, the court affirmed a median interpretation holding that the second amendment protects an individual right to bear arms, but only if the arms in. Historians and constitutional scholars on the right to bear arms carl t.
Miller 1939, which is also the last time the court examined the amendment in any serious way. The first major effort to eliminate private ownership of firearms came with the national firearms act of 1934 nfa. Over the course of american history, there have been essentially two interpretations. Stepbystep solutions to all your us history homework questions slader. The intent and its interpretation by the states and the.
The second amendment is one of most fundamental provisions of the bill of rights, and one of the most fiercely debated. Waldmanas book provoked a wide range of discussion. With help from the national rifle association and the progun lobby, the idea that the second amendment to the united states constitution guarantees an unrestricted right to gun. This book looks at history to provide some surprising, illuminating answers. The history of the second amendment is quite interesting. The language of the 2nd amendment is identical to the language today, in fact all that is required is a dictionary. The court then explained that the framers included the second amendment to. I think that the second amendment is outdated and is long overdue for its revision. It was ratified on december 15, 1791 as part of the bill of rights in district of columbia v.
Second amendment history shows it was always meant as an. In the following, the supreme court cases that have shaped how the second amendment is implemented throughout the united states will be discussed, as well as a series of critiques by scholars. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles. The courts have their own opinions on the meaning of the second amendment, but the american citizens, too, have their own opinions. The library of congress, housed in three buildings on capitol hill in washington, d. A brief history of the second amendment its a mad world. Second amendment to the united states constitution wikipedia. It establishes the right to bear arms and figures prominently in the longrunning debate over gun control. Second amendments drafting history, and postratification interpretations. Robert dittmer unlike most books on the second amendment that only cover a single aspect or two of the second amendment, this book covers the entirety of the second amendment. How the nra rewrote the second amendment politico magazine. Second amendment wex us law lii legal information institute. Us history textbooks free homework help and answers. By that, i mean that its syntax permits only one reasonable interpretation of the authors meaning, namely, that the peoples individual right to be armed ought to be respected and that the resulting armed populace will be secure against tyranny, invasion, and crime.
Second amendment, amendment to the constitution of the united states, adopted in 1791 as part of the bill of rights, that provided a constitutional check on congressional power under article i section 8 to organize, arm, and discipline the federal militia. First amendment to the united states constitution wikipedia. Second amendment contents, supreme court interpretations. Reading the second amendment foundation for economic.