I've seen a few postings lately on law review articles. Just thought everyone would be interested in a listing of my favorites with a Brief Description of each. I've also thrown in a few other articles which I feel are important for each of us to read.
THE SECOND AMENDMENT CONTROVERSY--EXPLAINED by Theodore L. Johnson
Mr Johnson explains the difference between the states right theory and the individual theory's of the 2nd and how they came about. Also gives his opinion on who is right. Any doubt as to who he thinks ir right?
THE RIGHT TO KEEP AND BEAR ARMS – R E P O R T OF THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE NINETY-SEVENTH CONGRESS SECOND SESSION
Most of you here have read this. But for the few who have not, it is a must read. This is the last time that our gov admitted that the 2nd was an individual right.
Jeffrey Snyder's A Nation of Cowards
Well thought out piece on how each citizen is responsible for the safety of their own life. One of my favorite articles to read.
TO KEEP AND BEAR THEIR PRIVATE ARMS: THE ADOPTION OF THE SECOND AMENDMENT, 1787-1791 by Stephen P. Halbrook
Some great history over the adoption of the constitution and why the second was put in place by the bill of rights. Gives both the Federalist and Anti-Federalist positions on the issue. Not surprising but both the Federalists and Anti-Federalists did not question the right. They were only arguing over wether there was a need to codify it into the bill of rights. Federalists felt that since the government was only granted very limited powers that there was no need to codify a bill of rights. They claimed that if it is not in the Constitution the Federal Government can't do it. The Anti-Federalists claimed that some future generation may not know what their intentions were and wanted a bill of rights to insure that our rights would never be stepped on. Guess they were used to a written bill of rights from their English heritage and wanted to continue the tradition.
The Amazing Vanishing Second Amendment by Prof. Eugene Volokh, UCLA Law School
Prof. Volokh does a great job of debating the 2nd against David Williams cut of his original article. Fun to read as it gives a prospective of how scholars debate in the rags. Provides our side with some good arguments to rebut the age old argument that ‘Times have changed and so the 2nd does not mean what it could have meant then.'
The Right of the People to Keep and Bear Arms: The Common Law Tradition By Joyce Lee Malcolm
By looking at the historical English tradition of arms bearing, Malcolm does a good job of explaining the first part of the 2nd which states "A well-regulated militia being necessary for the security of a free state'. Conclusion is that this is the reason for the right, but not the right itself. The first phrase was to show why it is absolutely necessary that we give the people the right to keep and bear arms.
CONGRESS INTERPRETS THE SECOND AMENDMENT: DECLARATIONS BY A CO-EQUAL BRANCH ON THE INDIVIDUAL RIGHT TO KEEP AND BEAR ARMS by
Stephen P. Halbrook
Think the 82 Senate report was the only time that Congress has interpreted the 2nd as an individual right and stated such? Well Halbrook shows that no less than three times they have done this.
PERSONAL SECURITY, PERSONAL LIBERTY, AND "THE CONSTITUTIONAL RIGHT TO BEAR ARMS": VISIONS OF THE FRAMERS OF THE FOURTEENTH AMENDMENT
by Stephen P. Halbrook
Ever wonder if the 2nd not only prevents congress from infringing upon our right to bear arms, but also prevents the states from doing so? Here Halbrook walks us through the legislative history of the 14th and shows that indeed it was intended to not only incorporate the whole bill of rights, but was specifically written for the 2nd.
THE HISTORY OF THE SECOND AMENDMENT by David E. Vandercoy
Another good perspective on the history of the 2nd. Goes into the first right of nature and how this applies. Also gives a good reading on how the English Theorists viewed the right to keep and bear arms. Worth reading.
The misconstruction of United States v. Miller By Howard J. Fezell, Esq.
A nice short paper examining the lower federal courts interpretation of US v Miller. Shows how the lower courts are wrong.
A Practicing Attorney's Look At The Second Amendment By Howard J. Fezell, Esq.
Shows all of the Supreme Court cases where they have mentioned the 2nd. Good arguments as to why the lower courts are wrong.
IS THERE A NEUTRAL JUSTIFICATION FOR REFUSING TO IMPLEMENT THE SECOND AMENDMENT OR IS THE SUPREME COURT JUST "GUN SHY"? By Michael J. Quinlan
Traces the history of the 2nd from it's drafting to present day. Has a lot of good information on the early commentators of the constitution, including Cooley, Story and others.
The Unabridged Second Amendment by J. Neil Schulman
This little article gives the meaning of the 2nd based upon the sentence structure of proper english. Most of us have already read this, but if you have not, please do.
THE SECOND AMENDMENT AND STATE'S RIGHTS: A THOUGHT EXPERIMENT.. GLENN HARLAN REYNOLDS & DON B. KATES
Logically looks at the difference between the states right and individual theory's. Shows by logic how the states right theory can not be true. Really gets involved, so if you plan on reading this be sure to bring your thinking caps.
Historical Bases of the Right To Keep and Bear Arms by David T. Hardy
Extensive review of the events during the revolutionary war. Gives us a good understanding of the militia. Who they were, what they did, etc.
The Second Amendment & State Constitutions by Clayton E. Cramer
Examines the similarities of the 2nd against the RKBA on the state's books. Has quite a few of the states provisions listed, both before and after the adoption of the 2nd.
The Social Contract and Constitutional Republics by Jon Roland.
This is a must read for anyone who wants to understand the principles behind our constitution. Who did our founders read that influenced their ideas and beliefs. Here Mr. Roland gives us a look into these early writers that our founders studied. From Locke to Hume Mr. Roland does a good job of summarizing their concepts of the Social Contract. What is the Social Contract you say? It's the rights that you and I agree to give up in order to live in peace and security. Some of these rights we retain unto ourselves and do not give up when entering into society.
WHO IS THE MILITIA--THE VIRGINIA RATIFICATION CONVENTION AND THE RIGHT TO BEAR ARMS by Thomas M. Moncure, Jr.
Good history of the militia in the US from it's beginnings to date.
THE RIGHT OF THE PEOPLE OR THE POWER OF THE STATE: BEARING ARMS, ARMING MILITIAS, AND THE SECOND AMENDMENT by Stephen P. Halbrook
Provides evidence that the country rejected proposals to change the constitution to protect the rights of the states to maintain a militia (which is the reading that is currently given by our courts). Instead they rejected this and adopted the 2nd.
Well these are just a few of my favorite articles on the 2nd. Most of these can be found at http://www.2ndlawlib.org. For the few that can not be found there, please ask and I'll try and dig up the url for them. Have fun reading.
Thanks,
Richard
The debate is not about guns, but rather who has the ultimate power to rule, the people or government.
THE SECOND AMENDMENT CONTROVERSY--EXPLAINED by Theodore L. Johnson
Mr Johnson explains the difference between the states right theory and the individual theory's of the 2nd and how they came about. Also gives his opinion on who is right. Any doubt as to who he thinks ir right?
THE RIGHT TO KEEP AND BEAR ARMS – R E P O R T OF THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE NINETY-SEVENTH CONGRESS SECOND SESSION
Most of you here have read this. But for the few who have not, it is a must read. This is the last time that our gov admitted that the 2nd was an individual right.
Jeffrey Snyder's A Nation of Cowards
Well thought out piece on how each citizen is responsible for the safety of their own life. One of my favorite articles to read.
TO KEEP AND BEAR THEIR PRIVATE ARMS: THE ADOPTION OF THE SECOND AMENDMENT, 1787-1791 by Stephen P. Halbrook
Some great history over the adoption of the constitution and why the second was put in place by the bill of rights. Gives both the Federalist and Anti-Federalist positions on the issue. Not surprising but both the Federalists and Anti-Federalists did not question the right. They were only arguing over wether there was a need to codify it into the bill of rights. Federalists felt that since the government was only granted very limited powers that there was no need to codify a bill of rights. They claimed that if it is not in the Constitution the Federal Government can't do it. The Anti-Federalists claimed that some future generation may not know what their intentions were and wanted a bill of rights to insure that our rights would never be stepped on. Guess they were used to a written bill of rights from their English heritage and wanted to continue the tradition.
The Amazing Vanishing Second Amendment by Prof. Eugene Volokh, UCLA Law School
Prof. Volokh does a great job of debating the 2nd against David Williams cut of his original article. Fun to read as it gives a prospective of how scholars debate in the rags. Provides our side with some good arguments to rebut the age old argument that ‘Times have changed and so the 2nd does not mean what it could have meant then.'
The Right of the People to Keep and Bear Arms: The Common Law Tradition By Joyce Lee Malcolm
By looking at the historical English tradition of arms bearing, Malcolm does a good job of explaining the first part of the 2nd which states "A well-regulated militia being necessary for the security of a free state'. Conclusion is that this is the reason for the right, but not the right itself. The first phrase was to show why it is absolutely necessary that we give the people the right to keep and bear arms.
CONGRESS INTERPRETS THE SECOND AMENDMENT: DECLARATIONS BY A CO-EQUAL BRANCH ON THE INDIVIDUAL RIGHT TO KEEP AND BEAR ARMS by
Stephen P. Halbrook
Think the 82 Senate report was the only time that Congress has interpreted the 2nd as an individual right and stated such? Well Halbrook shows that no less than three times they have done this.
PERSONAL SECURITY, PERSONAL LIBERTY, AND "THE CONSTITUTIONAL RIGHT TO BEAR ARMS": VISIONS OF THE FRAMERS OF THE FOURTEENTH AMENDMENT
by Stephen P. Halbrook
Ever wonder if the 2nd not only prevents congress from infringing upon our right to bear arms, but also prevents the states from doing so? Here Halbrook walks us through the legislative history of the 14th and shows that indeed it was intended to not only incorporate the whole bill of rights, but was specifically written for the 2nd.
THE HISTORY OF THE SECOND AMENDMENT by David E. Vandercoy
Another good perspective on the history of the 2nd. Goes into the first right of nature and how this applies. Also gives a good reading on how the English Theorists viewed the right to keep and bear arms. Worth reading.
The misconstruction of United States v. Miller By Howard J. Fezell, Esq.
A nice short paper examining the lower federal courts interpretation of US v Miller. Shows how the lower courts are wrong.
A Practicing Attorney's Look At The Second Amendment By Howard J. Fezell, Esq.
Shows all of the Supreme Court cases where they have mentioned the 2nd. Good arguments as to why the lower courts are wrong.
IS THERE A NEUTRAL JUSTIFICATION FOR REFUSING TO IMPLEMENT THE SECOND AMENDMENT OR IS THE SUPREME COURT JUST "GUN SHY"? By Michael J. Quinlan
Traces the history of the 2nd from it's drafting to present day. Has a lot of good information on the early commentators of the constitution, including Cooley, Story and others.
The Unabridged Second Amendment by J. Neil Schulman
This little article gives the meaning of the 2nd based upon the sentence structure of proper english. Most of us have already read this, but if you have not, please do.
THE SECOND AMENDMENT AND STATE'S RIGHTS: A THOUGHT EXPERIMENT.. GLENN HARLAN REYNOLDS & DON B. KATES
Logically looks at the difference between the states right and individual theory's. Shows by logic how the states right theory can not be true. Really gets involved, so if you plan on reading this be sure to bring your thinking caps.
Historical Bases of the Right To Keep and Bear Arms by David T. Hardy
Extensive review of the events during the revolutionary war. Gives us a good understanding of the militia. Who they were, what they did, etc.
The Second Amendment & State Constitutions by Clayton E. Cramer
Examines the similarities of the 2nd against the RKBA on the state's books. Has quite a few of the states provisions listed, both before and after the adoption of the 2nd.
The Social Contract and Constitutional Republics by Jon Roland.
This is a must read for anyone who wants to understand the principles behind our constitution. Who did our founders read that influenced their ideas and beliefs. Here Mr. Roland gives us a look into these early writers that our founders studied. From Locke to Hume Mr. Roland does a good job of summarizing their concepts of the Social Contract. What is the Social Contract you say? It's the rights that you and I agree to give up in order to live in peace and security. Some of these rights we retain unto ourselves and do not give up when entering into society.
WHO IS THE MILITIA--THE VIRGINIA RATIFICATION CONVENTION AND THE RIGHT TO BEAR ARMS by Thomas M. Moncure, Jr.
Good history of the militia in the US from it's beginnings to date.
THE RIGHT OF THE PEOPLE OR THE POWER OF THE STATE: BEARING ARMS, ARMING MILITIAS, AND THE SECOND AMENDMENT by Stephen P. Halbrook
Provides evidence that the country rejected proposals to change the constitution to protect the rights of the states to maintain a militia (which is the reading that is currently given by our courts). Instead they rejected this and adopted the 2nd.
Well these are just a few of my favorite articles on the 2nd. Most of these can be found at http://www.2ndlawlib.org. For the few that can not be found there, please ask and I'll try and dig up the url for them. Have fun reading.
Thanks,
Richard
The debate is not about guns, but rather who has the ultimate power to rule, the people or government.