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The Second Amendment
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The Second Amendment : The Intent and Its Interpretation by the States and the Supreme Court

Book Details

Format Paperback / Softback
ISBN-10 0786442700
ISBN-13 9780786442706
Publisher McFarland & Co Inc
Imprint McFarland & Co Inc
Country of Manufacture GB
Country of Publication GB
Publication Date Feb 11th, 2009
Print length 232 Pages
Weight 313 grams
Dimensions 22.90 x 15.20 x 1.20 cms
Ksh 5,300.00
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Examines the Second Amendment, looking at its earliest drafts and its placement within the Bill of Rights, the state constitutional ratifying conventions, and judicial interpretations of the amendment through the landmark decision in 2008's District of Columbia v Heller.

"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.


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