Short essay journals


short essay journals

position: if the Second Amendment protected only a right of states to have militias, not enforceable by individuals-as "states' right" theorists claim-then factfinding would not have been necessary. For a general history of the ratification process, see Daniel Farber Suzanna Sherry, A History of the American Constitution 175-218 (1990). To make this argument (which is invariably supported, if at all, by reference only to the American military experience in non -revolutionary struggles like the two World Wars one must make indulge in the assumption that a handgun-armed citizenry will eschew guerilla tactics in favor. 62 See supra notes 40-44 and accompanying text. Yale Law School, 1985;.A. See also Kates, Original Meaning, supra note 16, at 270 : The argument that an armed citizenry cannot hope to overthrow a modern military machine flies directly in the face of the history of partisan guerilla and civil wars in the twentieth century. One way of understanding it is to look at the other Constitutional institution most like the militia: the jury. The jury was intended to reflect the community, and to function in many ways independent of state direction. 138 Yet it seems unlikely that we will be willing to go that far. These were defined, in essentially the same terms as Aymette, as those weapons actually used by the military, including "the rifle of all descriptions, the shot gun, the musket, and repeater, and that under the Constitution the right to keep such arms, can not.

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United States, 320.S. I fear that it has done both. 56 Citizens were required to possess arms suitable for militia service, and were liable to show up for inspection from time to time to prove that they possessed them and knew how to use them, and to receive training in militia tactics. 12 Papers of James Madison 257 (R. Article I, Section 1 of the Tennessee Constitution provides: That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times. This is a basic argument of Rauch's book. 72 See.S.C. A "well regulated militia" was thus one that was well-trained and equipped; not one that was "well-regulated" in the modern sense of being subjected to numerous government prohibitions and restrictions.


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