This accessible legal history describes how the Second Amendment has been interpreted throughout most of American history and shows that today's gun-rights advocates have drastically departed from the long-held interpretation of the constitutional right to bear arms. This illuminating study traces the transformation of the right to arms from its inception in English and colonial American law to today's impassioned gun-control debate. As historian and legal scholar Patrick J. Charles shows, what the right to arms means to Americans, as well as what it legally protects, has changed drastically since its first appearance in the 1689 Declaration of Rights. Armed in America explores how and why the right to arms transformed at different points in history. The right was initially meant to serve as a parliamentary right of resistance, yet by the ratification of the Second Amendment in 1791 the right had become indispensably intertwined with civic republicanism. As the United States progressed into the 19th century the right continued to change--this time away from civic republicanism and towards the individual-right understanding that is known today, albeit with the important caveat that the right could be severely restricted by the government's police power. Throughout the 20th century this understanding of the right remained the predominant view. But working behind the scenes was the beginnings of the gun-rights movement--a movement that was started in the early 20th century through the collective efforts of sporting magazine editors and was eventually commandeered by the National Rifle Association to become the gun-rights movement known today. Readers looking to sort through the shrill rhetoric surrounding the current gun debate and arrive at an informed understanding of the legal and historical development of the right to arms will find this book to be an invaluable resource.
The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.
The milestones for blacks in twentieth-century America—the Harlem Renaissance, the struggle for equal education, and the civil rights movement—would have been inconceivable without the contributions of one important but often overlooked figure, Charles S. Johnson (1893–1956). This compelling biography demonstrates the scope of his achievements, situates him among other black intellectuals of his time, and casts new light on a pivotal era in the struggle for black equality in America. An impresario of Harlem Renaissance culture, an eminent Chicago-trained sociologist, a pioneering race relations leader, and an educator of the generation that freed itself from legalized segregation, Johnson was a visionary who linked the everyday struggles of blacks with the larger intellectual and political currents of the day. His distinguished career included twenty-eight years at Fisk University, where he established the famed Race Relations Institute and became Fisk's first black president.
Today, gun control is one of the most polarizing topics in American politics. However, before the 1960s, positions on firearms rights did not necessarily map onto partisan affiliation. What explains this drastic shift? Patrick J. Charles charts the rise of gun rights activism from the early twentieth century through the 1980 presidential election, pinpointing the role of the 1968 Gun Control Act. Gun rights advocates including the National Rifle Association had lobbied legislators for decades, but they had cast firearms control as a local issue. After the assassination of President John F. Kennedy in 1963 spurred congressional proposals to regulate firearms, gun rights advocates found common cause with states’ rights proponents opposed to civil rights legislation. Following the enactment of the Gun Control Act, lawmakers on both sides of the aisle began to stake out firm positions. Politicians including Richard Nixon and Ronald Reagan recognized the potential of gun control as a wedge issue, and gun rights became increasingly tied to the Republican Party. Drawing on a vast range of archival evidence, Charles offers new insight into the evolution of the gun rights movement and how politicians responded to anti–gun control hardliners. He examines in detail how the National Rifle Association reinvented itself as well as how other advocacy groups challenged the NRA’s political monopoly. Offering a deep dive into the politicization of gun rights, Vote Gun reveals the origins of the acrimonious divisions that persist to this day.
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." Legal historians, analysts, judges and commentators have long disagreed about the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service. This book examines the contentions of both groups and concludes that the amendment is meant only to protect the right of an individual to "keep and bear arms" for the purpose of defending the country in a militia force against standing foreign or domestic armies. In crafting his argument, the author examines the Second Amendment in exacting detail. On June 28, 2010, the book was cited by Associate Supreme Court Justice Stephen Breyer in a dissenting opinion for the landmark case McDonald v. City of Chicago.
The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.
Álvar Núñez Cabeza de Vaca's account of the doomed Narváez expedition to the vast unexplored lands beyond the northern frontier of New Spain has long been heralded as the quintessential tale of the European confronting the wilderness of North America and its native inhabitants for the first time. After living captive among native peoples of the present-day Texas coast for almost six years, Cabeza de Vaca traveled overland through present-day western Texas and northern Mexico until being reunited with his countrymen near the Pacific coast. His account offers an isolated glimpse of areas of Gulf coastal Texas and northeastern Mexico that would not be visited again by Europeans for over 150 years and is the earliest authentic eyewitness description of the North American bison. Volume 1 presents the first modern edition of Cabeza de Vaca's original 1542 relación and a new, annotated, facing-page English translation. It concludes with a newly researched study of Cabeza de Vaca's life. Volume 2 analyzes the narrative in discrete segments, putting into context Cabeza de Vaca's descriptions of the landscape, ecology, and peoples he encountered. It also includes new research into the preparations of Narváez's expedition in Spain and a fresh study of the lives and fates of Cabeza de Vaca's three surviving companions. Volume 3 considers the literary and historical contexts of Cabeza de Vaca's relación. The literary inquiry examines the work's creation, publication history, and literary and cultural legacy from the sixteenth century to the present. The historical analysis presents new studies of Spanish exploration in the Gulf of Mexico (1508-28), Spanish speculation on and exploration of the South Sea (1502-39), and Nuño de Guzmán's conquest of Nueva Galicia (1530-31).
Today, gun control is one of the most polarizing topics in American politics. However, before the 1960s, positions on firearms rights did not necessarily map onto partisan affiliation. What explains this drastic shift? Patrick J. Charles charts the rise of gun rights activism from the early twentieth century through the 1980 presidential election, pinpointing the role of the 1968 Gun Control Act. Gun rights advocates including the National Rifle Association had lobbied legislators for decades, but they had cast firearms control as a local issue. After the assassination of President John F. Kennedy in 1963 spurred congressional proposals to regulate firearms, gun rights advocates found common cause with states’ rights proponents opposed to civil rights legislation. Following the enactment of the Gun Control Act, lawmakers on both sides of the aisle began to stake out firm positions. Politicians including Richard Nixon and Ronald Reagan recognized the potential of gun control as a wedge issue, and gun rights became increasingly tied to the Republican Party. Drawing on a vast range of archival evidence, Charles offers new insight into the evolution of the gun rights movement and how politicians responded to anti–gun control hardliners. He examines in detail how the National Rifle Association reinvented itself as well as how other advocacy groups challenged the NRA’s political monopoly. Offering a deep dive into the politicization of gun rights, Vote Gun reveals the origins of the acrimonious divisions that persist to this day.
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