That Every Man Be Armed: The Evolution of a Constitutional Right. Revised and Updated Edition.

Contents

vii ✯ CONTENTS Preface to the Revised and Updated Edition ix Preface to the Original Edition xv Introduction: Firearms Prohibition and Constitutional Rights xix CHAPTER 1 THE ELEMENTARY BOOKS OF PUBLIC RIGHT 1 The Citizen as Arms Bearer in Greek Polity: Plato and Aristotle 3 From Republic to Empire in Rome: Cicero Versus Caesar 10 Machiavellian Interlude: Freedom and the Popular Militia 17 Absolutism Versus Republicanism in the Seventeenth Century 22 Arms, Militia, and Penal Reform in Eighteenth-Century Liberal Thought 30 CHAPTER 2 THE COMMON LAW OF ENGLAND 35 The Tradition of the Armed Freeman 36 Gun Control Laws of the Absolute Monarchs 39 That Subjects May Have Arms for Their Defense: The Glorious Revolution and Bill of Rights 43 The Common-Law Liberty to Have Arms: From Coke to Blackstone 49 CHAPTER 3 THE AMERICAN REVOLUTION AND THE SECOND AMENDMENT 57 Poore, Endebted, Discontented, and Armed: Bacon’s Rebellion of 1676 58 The American Revolution: Armed Citizens Against a Standing Army 60 The Controversy over Ratification of the Constitution 70 The Federalist Promise: To Trust the People with Arms 71 To Keep and Bear Their Private Arms: The Adoption of the Bill of Rights 82 CHAPTER 4 ANTEBELLUM INTERPRETATIONS 96 Judicial Commentaries: The Armed Citizen as the Palladium of Liberty 97 Carrying Weapons Concealed: The Only Right Questioned in Early State Cases 101 The Disarmed Slave and the Dred Scott Dilemma 105 That “the People” Means All Humans: Abolitionist Origins of the Fourteenth Amendment 108 CHAPTER 5 FREEDMEN, FIREARMS, AND THE FOURTEENTH AMENDMENT 117 That No State Shall Disarm a Freedman: The Proposal of the Fourteenth Amendment 118 The Public Understanding and State Ratifications of the Fourteenth Amendment 127 The Impact of the Fourteenth Amendment upon State Constitutions 137 That No Militia Shall Disarm a Freedman: The Abolition of the Southern Militia Organizations, 1866–1869 150 Against Deprivation Under Color of State Law of the Right to Keep and Bear Arms: The Civil Rights Acts of 1871 and 1875 159 CHAPTER 6 THE SUPREME COURT SPEAKS 173 Post-Reconstruction Decisions 174 The Right to Keep and Bear Militia Arms: United States v. Miller (1939) 184 The Logic of Incorporation and the Fundamental Character of the Right to Keep and Bear Arms 191 CHAPTER 7 STATE AND FEDERAL JUDICIAL DECISIONS 202 The Pistol as a Protected Arm 202 State Court Decisions Since World War II 208 To Disarm Felons or to Disarm Citizens? Federal Court Decisions from 1940 212 Afterword: Public Policy and the Right to Keep and Bear Arms 219 Update to New Edition 225 Notes 233 Index 301 CONTENTS viii ...