The Militia Law

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The Militia And The Right To Arms Or How The Second Amendment Fell Silent

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Author : H. Richard Uviller
language : en
Publisher: Duke University Press
Release Date : 2003-01-20

The Militia And The Right To Arms Or How The Second Amendment Fell Silent written by H. Richard Uviller and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-20 with Political Science categories.

"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." —Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century. Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.

The Militia Act

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Author : Massachusetts
language : en
Publisher:
Release Date : 1776

The Militia Act written by Massachusetts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1776 with Law categories.

Report Of The Commission To Revise The Militia Law Appointed Under Act Of July 14 1877

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Author : New Hampshire. General Court. Commission to Revise the Militia Law
language : en
Publisher:
Release Date : 1877

Report Of The Commission To Revise The Militia Law Appointed Under Act Of July 14 1877 written by New Hampshire. General Court. Commission to Revise the Militia Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1877 with Military law categories.

Militia Law Of Ohio

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Author : Ohio
language : en
Publisher:
Release Date : 1857

Militia Law Of Ohio written by Ohio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1857 with Military law categories.

The Militia Law Of New Hampshire

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Author : New Hampshire. Adjutant-General's Office
language : en
Publisher:
Release Date : 1829

The Militia Law Of New Hampshire written by New Hampshire. Adjutant-General's Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1829 with Military law categories.

The Militia Law Of Virginia

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Author : Virginia
language : en
Publisher:
Release Date : 1858

The Militia Law Of Virginia written by Virginia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1858 with Military law categories.

The Militia Act Considered Wherein The Errors And Imperfections Thereof Are Particularly Pointed Out And Proved And Under Each An Amendment Proposed With Reasons For Supporting Such Amendment Humbly Addressed To Both Houses Of Parliament By A Gentleman Of The Law In Two Parts

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Author : J. R.
language : en
Publisher:
Release Date : 1757

The Militia Act Considered Wherein The Errors And Imperfections Thereof Are Particularly Pointed Out And Proved And Under Each An Amendment Proposed With Reasons For Supporting Such Amendment Humbly Addressed To Both Houses Of Parliament By A Gentleman Of The Law In Two Parts written by J. R. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1757 with categories.

An Abstract Of The Law Concerning The Militia

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Author :
language : en
Publisher:
Release Date : 1802

An Abstract Of The Law Concerning The Militia written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1802 with Military law categories.

An Act To Revise And Amend The Militia Law

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Author : Kentucky
language : en
Publisher:
Release Date : 1812

An Act To Revise And Amend The Militia Law written by Kentucky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1812 with United States categories.

A Digest Of The Militia Laws

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Author : Richard Burn
language : en
Publisher:
Release Date : 1760

A Digest Of The Militia Laws written by Richard Burn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1760 with England categories.