The only comprehensive study ever published on the intent of the framers of the 14th Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms from State infringement.
Preface
The Civil Rights and Freedmen's Bureau Acts and the Proposal of the
Fourteenth Amendment
Congress Reacts to Southern Rejection of the Fourteenth
Amendment
The Southern State Constitutional Conventions
The Freedmen's Bureau Act Reenacted and the Fourteenth Amendment
Ratified
Toward Adoption of the Civil Rights Act of 1871
From the Klan Trials and Hearings through the End of the Civil
Rights Revolution
The Cruikshank Case, from Trial to the Supreme Court
Unfinished Jurisprudence
STEPHEN P. HALBROOK practices law in Fairfax, Virginia. Cases he argued in the U.S. Supreme Court include Printz v. United States (1997). His books include That Every Man Be Armed, Firearms Law Deskbook, and Target Switzerland.
"A masterful, thoroughly researched analysis. Halbrook has made a
major contribution to our understanding of Reconstruction, of the
Fourteenth Amendment, and of the connection between the Second
Amendment and other human rights."-David B. Kopel, Adjunct
Professor of Law New York University Law School
"Halbrook's examination of the importance of the right to arms to
the former slaves and the Reconstruction era Congress that sought
to protect them tells an important and all to often neglected story
in the history of the right to arms and the history of Americans of
African descent."-Robert J. Cottrol, Professor of Law and History
George Washington University
"Stephen Halbrook has been on the cutting edge of Second Amendment
research for several years now. His latest work establishes that
the right to keep and bear arms is also shielded by the Fourteenth
Amendment. Scholars will continue to debate the point, but Halbrook
has effectively shifted the burden of proof to his critics. That's
no small accomplishment."-Roger Pilon, Senior Fellow and Director
Center for Constitutional Studies, Cato Institute
"Those who would limit the right to keep and bear arms to members
of state militias have never come to grips with the intentions of
the framers of the Fourteenth Amendment to protect blacks and
unionists from southern militias (and others) by enforcing their
personal right to arms. Stephen Halbrook presents a brief on behalf
of this forgotten history--a history that no serious student of the
Constitution can ignore."-Randy E. Barnett, Austin B. Fletcher
Professor Boston University School of Law
.,."this book is a valuable addition to the
literature."-Constitutional Commentary
"Halbrook assuredly achieves his goal. He provides overwhelming
evidence that the Fourteenth Amendment was meant to protect the
right of individuals to be armed and that this particular right was
a major concern of its framers. He offers scholars in the field a
wealth of quotations from the historical debates. He includes an
interesting account of southern conventions, and an excellent
account of the events leading up to the landmark Cruickshank
case....[H]albrook helps restore the historical record of a badly
served constitutional amendment."-American Historical Review
?...this book is a valuable addition to the
literature.?-Constitutional Commentary
?[A] work of very considerable value. Thoroughly researched, the
study rests on a more exacting examination of the relevant source
material than any other study of the public record of the Joint
Committee of Fifteen.?-Choice
?Halbrook assuredly achieves his goal. He provides overwhelming
evidence that the Fourteenth Amendment was meant to protect the
right of individuals to be armed and that this particular right was
a major concern of its framers. He offers scholars in the field a
wealth of quotations from the historical debates. He includes an
interesting account of southern conventions, and an excellent
account of the events leading up to the landmark Cruickshank
case....[H]albrook helps restore the historical record of a badly
served constitutional amendment.?-American Historical Review
?His tightly focused argument is novel and powerful enough to
impress even a highly skeptical reader....Halbrook's critique of
the judicial performance is biting and strong.?-The Law and
Politics Book Review
?There have been many treatises written on the Fourteenth Amendment
and the history of its development and interpretation, but this one
is, in many ways, the most complete and comprehensive to date,
covering many aspects that others have neglected, and providing its
historical background and development, how its wording was drafted,
and how its framers understood it....Hallbrook provides convincing
evidence that the firearms which persons had the right to keep and
bear were the latest firearms available, that the right was
individual, intended to provide protection against abuse by
government officials and their agents as well as against criminal
attack, and that neither federal or state governments had the power
to prohibit or disband militias, even if they were not
state-sanctioned.... This treatise is a major contribution to legal
history and commentary, and should be read by everyone having an
interest in civil rights or firearms rights.?-H-Net Reviews
?This book is valuable to attorneys who labor to understand the
background of the Cruikshank case, which is known for the Supreme
Court's peculiar opinion that certain rights granted by the federal
government are fundamental--and protected--and natural rights are
not...military leaders should read this book.?-Military Review
"ÝA¨ work of very considerable value. Thoroughly researched, the
study rests on a more exacting examination of the relevant source
material than any other study of the public record of the Joint
Committee of Fifteen."-Choice
..."this book is a valuable addition to the
literature."-Constitutional Commentary
"[A] work of very considerable value. Thoroughly researched, the
study rests on a more exacting examination of the relevant source
material than any other study of the public record of the Joint
Committee of Fifteen."-Choice
"His tightly focused argument is novel and powerful enough to
impress even a highly skeptical reader....Halbrook's critique of
the judicial performance is biting and strong."-The Law and
Politics Book Review
"This book is valuable to attorneys who labor to understand the
background of the Cruikshank case, which is known for the Supreme
Court's peculiar opinion that certain rights granted by the federal
government are fundamental--and protected--and natural rights are
not...military leaders should read this book."-Military Review
"There have been many treatises written on the Fourteenth Amendment
and the history of its development and interpretation, but this one
is, in many ways, the most complete and comprehensive to date,
covering many aspects that others have neglected, and providing its
historical background and development, how its wording was drafted,
and how its framers understood it....Hallbrook provides convincing
evidence that the firearms which persons had the right to keep and
bear were the latest firearms available, that the right was
individual, intended to provide protection against abuse by
government officials and their agents as well as against criminal
attack, and that neither federal or state governments had the power
to prohibit or disband militias, even if they were not
state-sanctioned.... This treatise is a major contribution to legal
history and commentary, and should be read by everyone having an
interest in civil rights or firearms rights."-H-Net Reviews
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