Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent

Image not available lge

ISBN13: 9780822330172
ISBN: 0822330172
Published: July 2005
Publisher: Duke University Press
Format: Paperback
Price: £18.99

The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the Amendment has nothing to contribute to debates over private access to firearms. In ""The Militia and the Right to Arms, or, How the Second Amendment Fell Silent"", Uviller and Merkel show how post-ratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the Amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the Amendment's first clause (stating that a well regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the vanished universal militia of the 18th century.

Image not available lge
Introduction; 1: Arms, the Man, and the Militia: the History of a Concept; The Social and Judicial Foundations of the Dispute; The Militia Ideal in the Historiography of the American Revolution; Madisonian Structuralism: The Place of the Militia in the New American Science of Government; 2: From Militia to National Guard; The Decay of the Old Militia; The Era of the Volunteers; The United States Army and the United States National Guard, 1903-1999; 3: The Meaning of Meaning; Text and Context; A Few Other Theories Briefly Considered; A Post Script: The Emerson Case