Miller 1939, which is also the last time the court examined the amendment in any serious way. 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. Historians and constitutional scholars on the right to bear arms carl t. The second amendment is a smart history of guns and the u. The new group pushed for a novel interpretation of the second amendment, one that. 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. 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. 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. Common coreapproved textbooks rewrite second amendment. The courts have their own opinions on the meaning of the second amendment, but the american citizens, too, have their own opinions.
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. It establishes the right to bear arms and figures prominently in the longrunning debate over gun control. First, it is a history of how the second amendment. 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.
Why do people interpret the second amendment wrong. Parents at a high school near dallas say the authors of a book on u. Dont look for answers in dusty law books or the arcane reaches of theory. I think that the second amendment is outdated and is long overdue for its revision. The history of the second amendment in the supreme court. A direct response to the rise of gangster violence in general and the st. The best books on the us constitution recommended by jack rakove. 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. The second amendment does not transcend all others. This book looks at history to provide some surprising, illuminating answers. The true meaning of the second amendment the atlantic.
The amendment was written to calm public fear that the new national government would crush the state militias made up of all white adult. First amendment to the united states constitution wikipedia. And if you wanted to know about desert warfare, the man to call would be norman schwarzkopf, no question about it. Waldmanas book provoked a wide range of discussion. 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 of the united states constitution reads. Through most of american history, the second amendment guaranteed the right to be a citizensoldier, not an individual vigilante. Over the course of american history, there have been essentially two interpretations. Second amendment to the united states constitution wikipedia. 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.
Twentysecond amendment to the united states constitution. The language of the 2nd amendment is identical to the language today, in fact all that is required is a dictionary. The first major effort to eliminate private ownership of firearms came with the national firearms act of 1934 nfa. 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.
I always find it interesting when some current event coincides with a history book i am reading. Second amendment wex us law lii legal information institute. But the second amendment of the bill of rights is indeed a wellcrafted sentence. The misguided second amendment interpretations of justices. Constitution, was a finalist for this years american bar association silver gavel book award.
The national rifle associations long crusade to bring its interpretation of the. 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. Stepbystep solutions to all your us history homework questions slader. 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. 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. The second amendment amendment ii to the united states constitution protects the individual right to keep and bear arms.
It establishes the right to bear arms and figures prominently in. It was ratified on december 15, 1791 as part of the bill of rights in district of columbia v. 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. 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. In a 54 decision, the court, meticulously detailing the history and tradition of. 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. A citizens guidebook to the history, sources, and authorities for the. But in the grand sweep of american history, this sentence has never.
If you wanted to know all about the big bang, youd ring up carl sagan, right. A brief history of the second amendment its a mad world. With wit and erudition, michael waldman tells the story of how the amendment s meaning was turned upsidedown and insideout. To interpret the second amendment in any other way is to take its wording out of context pp. 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. The rifle itself has no moral stature, since it has no will of its own. It comprehensively treats supreme court case law and offers a structured, analytical approach to the fourth amendment, addressing foundational questions.
Masseys fourpart interpretative analysis would result in a dynamic ninth amendment. Reading the second amendment foundation for economic. 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. 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. Ive seen comments in here regarding language drift and the supreme courts interpretation on the language of the 2nd amendment.
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. Long overlooked or ignored, the second amendment has become the object of some study and much debate. Jill lepore recounted this history in a recent piece for the new yorker. This treatise is an accessible and authoritative resource on the fourth amendment for scholars, judges, practitioners, and others. Author michael waldman and the cover of his book, the second amendment. The founders never intended to create an unregulated individual right to a gun. Supreme court justices to extend the second amendment s protections to all guns in common use is at odds with its history. Second amendment history shows it was always meant as an.
The ongoing debate about the second amendment and the right to bear arms continues to set off multiple explosions in the blogosphere. Second amendments drafting history, and postratification interpretations. First, it is a history of how the second amendment has been interpreted. Despite the challenge, courts repeatedly incorporate the history surrounding the amendment in their decisions. 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. The articles in this collection support an interpretation of the second amendment as a. It is, however, a fascinating read for the history it contains, the lively debate it charts, and the important conclusions some of. 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.
The second amendment, ratified in 1791, is one of 10 amendments that form the bill of rights. 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. 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 book by michael waldman official. Second amendment contents, supreme court interpretations. Second amendment definition in texas school work book triggers. Discover delightful childrens books with prime book box, a subscription that. As a statement of what the law is, this is flat wrong. The court ruled that the second amendment to the u.
The rights retained by the people is in certain parts not an easy book to read. The framers of the constitution wanted to make it a living document meaning that it should be revised in order to still hold true. A biography by michael waldman is an important book that looks at two important things regarding the constitution. 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. As a 1982 senate report on the meaning of the second amendment concluded bluntly, it is inescapable that the history, concept, and wording of the second amendment to the constitution of the.
George mason, the history of the second amendment is rooted in english. For more than 50 years, the conservative book club has guided book lovers to the best conservative books and authors of our times. The court then explained that the framers included the second amendment to. Us history textbooks free homework help and answers.
The intent and its interpretation by the states and the. How the nra rewrote the second amendment politico magazine. An encyclopedia of history, politics, culture, and the law. The second amendment reads, a well regulated militia, being necessary to the security of a free state, the right of the people to keep. The re interpretation of the second amendment was an elaborate and brilliantly executed political operation, inside and outside of government.
The library of congress, housed in three buildings on capitol hill in washington, d. This amendment states that people have the right to. 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. The history of the second amendment is quite interesting. The courts have not, to date, interpreted the second amendment beyond the right of in stephenss phrase owning a. 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.