The Antiquated Right: An Argument for the Repeal of the Second Amendment

by Carlson, Andrew

• ISBN13: 9780820456669
• ISBN10: 0820456667
• Format: Paperback
• Copyright: 2002-02-01
• Publisher: Peter Lang Pub Inc

Summary

Over two hundred years ago, the United States enacted a constitutional amendment ensuring the ability of states to form militias. Although the militia has become obsolete, over 30,000 Americans die every year by gunfire. Both pro-gun and pro-control advocates put forth credible proposals for reducing gun violence, but all too often this public policy debate gets sidetracked by invocation of the Second Amendment right to bear arms, which improperly makes a constitutional issue out of a public policy matter. This book argues for the repeal of the Second Amendment because this amendment no longer serves its original constitutional purpose, and it disrupts the contemporary gun debate.

Table of Contents

Preface	vii
David A. Schultz
Introduction	1	(6)
Constitutional and Statutory Law	7	(10)
The Right to Bear Arms: English Origins	17	(16)
The Social Contract and Natural Rights	33	(16)
The Right to Bear Arms: American Origins	49	(18)
Interpreting the Second Amendment	67	(8)
The Right to Bear Arms for Militia Service	75	(26)
The Unrestricted Right to Bear Arms	101	(24)
Concluding Arguments	125	(12)
Notes	137	(4)
Further Reading	141	(4)
Index	145