That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy) [Paperback]

Stephen P. Halbrook PhD (Author)

Book Description

Series: Independent Studies in Political Economy | Publication Date: March 1, 1994

This is an authoritative study of the second amendment, using history and current-day analysis. It is one of the only scholarly works on the subject, but has proven widely accessible. Halbrook traces the origins of the Second Amendment back to ancient Greece and Rome, and then through the “freemen” movement in 18th-century England and France. He demonstrates that the framers of the Constitution were conscious of such history when they drafted the Second Amendment, and that the Second Amendment was clearly intended to allow possession of firearms not just for defense of personal life and property but also to prevent government infringement of human liberties. His meticulous, thorough scholarship demonstrates that the right to bear arms is as fundamental a right under the Constitution as freedom of speech and freedom of religion.

Editorial Reviews

Review

“The definitive book on the historical and legal development of the Second Amendment and our right to bear arms.” —Senator Orrin G. Hatch

About the Author

Stephen P. Halbrook has taught philosophy and law at Tuskegee Institute, Georgetown University, Howard University, and George Mason University. He has won three cases he argued before the U.S. Supreme Court, including Printz v. United States, which overturned portions of the “Brady Bill” requiring local police to enforce federal gun control regulations.

Product Details

• Paperback: 275 pages
• Publisher: Independent Institute (March 1, 1994)
• Language: English
• ISBN-10: 0945999380
• ISBN-13: 978-0945999386
• Product Dimensions: 8.8 x 6 x 0.5 inches
• Shipping Weight: 14.4 ounces (View shipping rates and policies)
• Average Customer Review: 4.5 out of 5 stars  See all reviews (30 customer reviews)
• Amazon Best Sellers Rank: #538,782 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.

Customer Reviews

Most Helpful Customer Reviews

54 of 54 people found the following review helpful:

5.0 out of 5 stars The Man Who Bit a Piece Out of the Brady Law Shows Us Why, October 6, 1997

By 

[e-mail] (Ventura, CA) - See all my reviews

This review is from: That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy) (Paperback)

Stephen P. Halbrook, author and Constitutional lawyer, puts under a single cover in this compact and engagingly written volume an enormous sweep of the history and legal reasoning regarding a human right that has rather sadly fallen into disrepute in the last three decades -- the people's natural and supraconstitutional right to effective self-defense and by extension, defense of their nation. His citings of such famous gun-law cases as _U.S. vs Cruikshank_ and _U.S. vs Miller_ are particularly valuable and conveniently placed where the lay reader can conveniently refer to them. (Did you know that the Supreme Court decision in U.S. v. Cruikshank 1876 was exactly the opposite of what the anti-gun activists represent it to be? I didn't, until I read the more complete citation set forth in this book.)

Mr. Halbrook also assembles an extensive collection of the founding fathers' writings on firearms vis-a-vis civil liberties. You may have seen these things printed on T-shirts -- here they are set forth in full. These will provide the gun rights activist with the knowledge to rebut, indeed to flatten, the antigunners' misrepresentations about what the framers of the Constitution had in mind with the 2nd Amendment. A thorough study of the material in this book will allow the gun-rights activist and the freedom-minded individual to argue for arming the private person -- with machine guns, should he want them -- in any discussion, anytime, anywhere, without feeling like a tobacco lobbyist!

57 of 58 people found the following review helpful:

5.0 out of 5 stars Excellent brief overview of the Second Amendment, September 17, 1999

By A Customer

This review is from: That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy) (Paperback)

Halbrook surveys the right to bear arms--which is an ancient democratic right--from ancient times to the Founding Fathers, all the way up to the modern debates on so-called "gun control." He proves irrefutably that the Second Amendment right to bear arms is an individual right. Even ultra-liberal gun haters like Alan Dershowitz and Laurence Tribe have come to the conclusion, however reluctantly, that the Second Amendment right to keep and bear arms is an INDIVIDUAL right of every American citizen.

66 of 69 people found the following review helpful:

5.0 out of 5 stars A Must Read for Civil Libertarians, July 17, 2000

By 

John J. Baeza - See all my reviews

This review is from: That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy) (Paperback)

Stephen Halbrook's classic scholarly work should be read by all concerned with our civil liberties, and in particular, our second amendment right to keep and bear arms. The text leaves no doubt that the right is an individual one and that the militia is NOT the National Guard or some select militia, but the people themselves. Anyone who believes that the right is intended for a National Guard or select militia has ignored the fact that our Founding Fathers were very concerned about a select group having arms while the general population went unarmed. Also, Halbrook's review of the debates on the ratification of the 14th amendment clearly show that the second amendment is covered by the 14th amendment. Halbrook also describes how some states discriminated against freed slaves by denying them their second amendment rights.

Overall, this is an excellent learned treatise. After you finish with this book, try reading any book or article by David Kopel, Stephen Halbrook, Don Kates or Clayton Cramer (to name only a few of the second amendment scholars).