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Examines right to keep and bear arms and analyses the incorporation of the US Bill of Rights into the Fourteenth Amendment. Examining the history of the recognition of the right of freedmen to keep and bear arms in the period between 1866 and 1876, this comprehensive volume analyses the extent to which American political society was willing to secure the same civil rights to all.
Stephen P. Halbrook's The Founders' Second Amendment is the first book-length account of the origins of the Second Amendment, based on the Founders' own statements as found in newspapers, correspondence, debates, and resolutions. Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders' generation. His book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it.
The right to keep and bear arms was considered a fundamental, individual right in the original 14 states (the 13 colonies and Vermont) from the pre-Revolutionary period through the adoption of the federal Bill of Rights in 1791.
Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's gun-control debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment.Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984.
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