Last edited by Zuluran
Saturday, July 25, 2020 | History

6 edition of The Militia and the Right to Arms, or, How the Second Amendment Fell Silent (Constitutional Conflicts) found in the catalog.

The Militia and the Right to Arms, or, How the Second Amendment Fell Silent (Constitutional Conflicts)

by H. Richard Uviller

  • 152 Want to read
  • 35 Currently reading

Published by Duke University Press .
Written in English

    Subjects:
  • American history,
  • Constitutional & administrative law,
  • Human rights,
  • Politics/International Relations,
  • Political Freedom & Security - Civil Rights,
  • Political Science,
  • Politics / Current Events,
  • USA,
  • Constitutional,
  • Constitutions,
  • History, U.S.,
  • Legal Studies,
  • Political Science/U.S. Politic

  • The Physical Object
    FormatPaperback
    Number of Pages338
    ID Numbers
    Open LibraryOL9424523M
    ISBN 100822330172
    ISBN 109780822330172

    service in an organized militia. With the demise of organized militias. they canlend, Ihe right losl any relevance 10 constitutional adjudication. In this Essay. I evaluate the case made for this histarical claim by Richard Uviller and William Merkel in their book, The Militia and the Right to Arms, or, How the Second Amendment Fell : Randy E. Barnett. The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent. Duke University Press. Vile, John R. The Constitutional Convention of A Comprehensive Encyclopedia of America's Founding (2 Volume Set). Santa Barbara, CA: ABC-CLIO. Wills, Garry. Whose Right to Bear Arms Did the Second Amendment Protect?

    With the demise of organized militias, they contend, the right lost any relevance to constitutional adjudication. In this essay, I evaluate the case made for this historical claim by Richard Uviller and William Merkel in their book, “The Militia and the Right to Arms, or, How the Second Amendment Fell Silent.”Author: Randy E. Barnett.   For some enthusiasts and detractors, the meaning of the Second Amendment right to arms (perhaps as reconfigured by the Fourteenth Amendment during Reconstruction) presents a similarly pressing question of constitutional interpretation, a question whose resolution (like that of Equal Protection before it) has been too long : William G. Merkel.

    The Second Amendment (Amendment II) to the United States Constitution protects the individual right to keep and bear arms. It was ratified on Decem as part of the Bill of Rights.. In District of Columbia (), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right.   The right of the people to keep and bear arms is not conditioned by the dependent, antecedent clause of the Second Amendment. The right is contained solely in the independent, operative clause of Reviews:


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The Militia and the Right to Arms, or, How the Second Amendment Fell Silent (Constitutional Conflicts) by H. Richard Uviller Download PDF EPUB FB2

The Second Amendment to the Constitution states that a "well regulated Militia" is necessary to the security of a free State, and that the "right of the people to keep and bear Arms, shall not be infringed."Cited by: 6.

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 Pages: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and How the Second Amendment Fell Silent book 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. The Militia and the Right to Arms, or, How the Second Amendment Fell Silent book. Read reviews from world’s largest community for readers.

A well regula /5. 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 Reviews: 2. "From Militia to National Guard", The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, H.

Richard Uviller, William G. Merkel. The Second Amendment's “right of the people to keep and bear arms” is surely the most politically contentious provision of the Bill of Rights.

Unfortunately, th We use cookies to enhance your experience on our continuing to use our website, you are agreeing to our use of : Robert J. Spitzer. The constitutional right to arms, the authors argue, is contingent on individuals' membership in state militias that, for all practical purposes, no longer exist.

Thus the "incidental" gun rights of Americans have "atrophied" and "the Second Amendment has no voice" in debates over gun control (pp.

).Author: Robert M. McDonald. 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 /5(7).

The Second Amendment to the Constitution states that a "well regulated Militia" is necessary to the security of a free State, and that the "right of the people to keep and bear Arms, shall not be. Buy The Militia and the Right to Arms: Or, How the Second Amendment Fell Silent by Professor H Richard Uviller, William G Merkel, J.D.

online at Alibris. We have new and used copies available, in 1 editions - starting at $ Shop now. James Madison, insaid before the explicit language of the 2nd Amendment had been ratified (emphasis added) that the "right of the people to keep and bear arms.

The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent: : H. Richard Uviller, William G. Merkel, Neal Devins, Mark A.

Graber: Libri in altre lingueReviews: 1. Books The Militia and the Right to Arms: Or, How the Second Amendment Fell Silent Free Online. The militia and the right to arms, or, How the second amendment fell silent. [H Richard Uviller; William G Merkel] That history is the heart of this book, as their reading of the Second Amendment Read more User-contributed reviews.

Tags. Add tags for "The militia and the. Buy The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent - by Uviller, H. Richard for as low as cheap. 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. 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.

THE AUTHORS' REPLY TO COMMENTARIES ON, AND CRITICISMS OF THE MILITIA AND THE RIGHT TO ARMS, OR, HOW THE SECOND AMENDMENT FELL SILENT' H. Richard Uviller & William G. Merkel* INTRODUCTION We are happy to have the opportunity to respond to some of the comments offered by our critics.2 Indeed, we are grateful for the criticism that hits the mark.

Richard Uviller, H. Richard Uviller, & William G. Merkel, The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Duke University Press (January ) ISBN William H. Riker, Soldiers of the States () Describes how Congress created the National Guard to replace the previous state militia systems.

With the demise of organized militias, they contend, the right lost any relevance to constitutional adjudication. In this essay, I evaluate the case made for this historical claim by Richard Uviller and William Merkel in their book, The Militia and the Right to Arms, or, How the Second Amendment Fell : Randy E.

Barnett.Get this from a library! The militia and the right to arms, or, How the Second Amendment fell silent. [H Richard Uviller; William G Merkel] -- "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 ConstitutionThe Second.In their book, The Militia and the Right to Arma, or, How the Second Amendment Fell Silent, Uviller and Merkel reject the collective right theory and characterize the Second Amendment "right to keep and bear arms" as an individual right.4 However, they further claim that, because the right to arms may be exercised only while participating as.