Stephen P. Halbrook's The Founders' Second Amendment is the first book-length account of the origins of the Second Amendment, based on the Founders' own statements as found in newspapers, correspondence, debates, and resolutions. Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders' generation. His book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it. With the question of the right to bear arms scheduled to come before the Supreme Court in the spring of 2008, The Founders' Second Amendment could scarcely be more timely.
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Editorial Reviews
From Publishers Weekly
The U.S. Supreme Court's recent hearing of arguments in District of Columbia v. Heller—which may overturn the capital's ban on handguns—signals a general re-evaluation of the Second Amendment. The trend is toward an unlimited individual right rather than a restricted, collective one applying only to government militias. Halbrook, a research fellow at the Independent Institute in California, is firmly of the former school and investigates the nature of the ideas underlying the Second Amendment during the Revolutionary generation (between 1768 and 1826). How did the founders regard the issue of gun control? What prompted them to define the right to bear arms as fundamental, second only to freedom of speech? Basing his research on contemporary newspapers, political resolutions and private correspondence, Halbrook delves deeply into the importance of firearms during the Revolution, finding that attempts by search-and-seizure to control the flow of guns was regarded as the typical tyrannical behavior of a standing army. Liberty hinged on free ownership. While readers might disagree with some of Halbrook's historical interpretations, his book should be welcomed as a timely introduction to this most contentious of debates. (June)
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
Review
Stephen Halbrook's The Founders' Second Amendment is first-rate work, utterly convincing. This is a solid and important work. (Forrest McDonald )
I enthusiastically recommend Stephen Halbrook's book, The Founder's Second Amendment. This is an original and valuable approach, focusing on the place of individual ownership of firearms during the time of the American Revolution and the drafting and ratification of the Constitution and Bill of Rights. It will add appreciably to the scholarship on the origins and meaning of the Second Amendment. (Joyce L. Malcolm )
The Founder's Second Amendment is an impressive achievement. Halbrook shows conclusively to any honest mind, both in respect to historical evidence and analytical jurisprudence, that the Framers intended the Second Amendment not as the reserved right of a State government to organize a militia, but of the people as individuals to keep and to bear arms. In this meticulously researched and exhaustive study, Halbrook has produced what promises to be the standard work for years to come on the original intent of the Second Amendment. It will be an invaluable resource for scholars of the Constitution. (Donald W. Livingston )
Stephen Halbrook's The Founders' Second Amendment is crisply written, rich with history, and sure to be valuable to anyone interested in understanding the original meaning of the Second Amendment's right to bear arms. (Glenn Harlan Reynolds )
Like much of Halbrook's other excellent work, The Founders' Second Amendment is both well-written and full of fascinating details. It will serve as an important resource for professional scholars and interested laypersons. One especially useful aspect of Halbrook's work is that the author so consistently lets a huge variety of original sources speak for themselves. (Nelson Lund )
The subject of The Founders' Second Amendment is currently 'front-and-center' as a 'hot' and major controversy. Well researched and well presented, Halbrook's book has brought forward a substantial amount of new research, not redundant of what others have provided, and this book will find a solid place among leading works on the subject. (William W. Van Alstyne )
A timely introduction to this most contentious of debates. (Publishers Weekly )
The book is an excellent resource for anyone who wants to form a knowledgeable opinion on the meaning, application and reason behind the Second Amendment. (New American )
The depth and detail added to source material quotes makes this a fine pick for both college and high school collections strong in American history and politics. (Midwest Book Review )
Stephen P. Halbrook's new book represents the most careful and well-thought-out study yet in support of the politically ascendant claim that the Second Amendment, as originally intended and understood, protects a right to own guns for purposes other than service in the lawful militia. (William G. Merkel American Historical Review )
I enthusiastically recommend Stephen Halbrook's book, The Founder's Second Amendment. This is an original and valuable approach, focusing on the place of individual ownership of firearms during the time of the American Revolution and the drafting and ratification of the Constitution and Bill of Rights. It will add appreciably to the scholarship on the origins and meaning of the Second Amendment. (Joyce L. Malcolm )
The Founder's Second Amendment is an impressive achievement. Halbrook shows conclusively to any honest mind, both in respect to historical evidence and analytical jurisprudence, that the Framers intended the Second Amendment not as the reserved right of a State government to organize a militia, but of the people as individuals to keep and to bear arms. In this meticulously researched and exhaustive study, Halbrook has produced what promises to be the standard work for years to come on the original intent of the Second Amendment. It will be an invaluable resource for scholars of the Constitution. (Donald W. Livingston )
Stephen Halbrook's The Founders' Second Amendment is crisply written, rich with history, and sure to be valuable to anyone interested in understanding the original meaning of the Second Amendment's right to bear arms. (Glenn Harlan Reynolds )
Like much of Halbrook's other excellent work, The Founders' Second Amendment is both well-written and full of fascinating details. It will serve as an important resource for professional scholars and interested laypersons. One especially useful aspect of Halbrook's work is that the author so consistently lets a huge variety of original sources speak for themselves. (Nelson Lund )
Historian and philosopher Stephen Halbrook is the single most prolific researcher on the Second Amendment, having contributed literally dozens of scholarly articles on various aspects of the subject. The Founders' Second Amendment masterfully both extends and summarizes his (and others') research. It is the last word—the single most comprehensive work on the thinking of the Founding Fathers' era about the constitutional right of citizens to be armed.
(Don B. Kates )The subject of The Founders' Second Amendment is currently 'front-and-center' as a 'hot' and major controversy. Well researched and well presented, Halbrook's book has brought forward a substantial amount of new research, not redundant of what others have provided, and this book will find a solid place among leading works on the subject. (William W. Van Alstyne )
A timely introduction to this most contentious of debates. (Publishers Weekly )
The book is an excellent resource for anyone who wants to form a knowledgeable opinion on the meaning, application and reason behind the Second Amendment. (New American )
The depth and detail added to source material quotes makes this a fine pick for both college and high school collections strong in American history and politics. (Midwest Book Review )
[Halbrook] covers the Second Amendment's historical underpinnings from 1768–1826, and so offers readers a rich interpretive framework from which to grasp the U.S. Supreme Court's (conservative) decision in June 2008 . . . affirming the constitutional right of individuals to keep guns at home.
(CHOICE )Stephen P. Halbrook's new book represents the most careful and well-thought-out study yet in support of the politically ascendant claim that the Second Amendment, as originally intended and understood, protects a right to own guns for purposes other than service in the lawful militia. (William G. Merkel American Historical Review )
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Most Helpful Customer Reviews
141 of 144 people found the following review helpful
Format:Hardcover
This book isn't for everybody. For those to whom it's directed, it's excellent and I highly recommend it. In this review I'll try to help you understand whether this book is for you.
To begin with, even if you're a gun enthusiast, you may not be interested in the political and legal details that influenced the Founders in writing the Constitution and the Bill of Rights. This book delves into those details with enthusiasm (Halbrook is a lawyer, and a good one). Don't buy it if those would leave you cold.
For those who want the details, however, this is an excellent source. Halbrook explains in great depth the growth of the "gun culture" in colonial America, and the efforts of the British government to stifle that culture. Most gun enthusiasts probably know that the American Revolution was triggered by a "gun confiscation" mission ordered by General Gage, which led to fighting at Lexington and Concord. However, Halbrook describes the actions that led up to Lexington and Concord, from 1765 on, including embargoes on shipment of gunpowder to the Colonies, seizure of gunpowder from Colonial powderhouses, and eventually the confiscation of all firearms in Boston.
Halbrook gives only a brief treatment to the conduct of the Revolutionary War itself, except to note the importance of gunpowder smuggled in from the Dutch colony of St. Eustatia. However, the war is not his real focus. His emphasis is on how the Revolutionary War influenced the people who wrote the Constitution.
Halbrook goes into great depth on the debate over whether the Constitution should have a Bill of Rights. On the one side were the Federalists, who argued that a Bill of Rights might eventually become a ceiling over Americans' rights, instead of a floor under them. Why, the Federalists argued, should the Government be forbidden to do certain things which the main body of the Constitution gave it no power to do? The anti-Federalists, who were unhappy with the idea of strong central government in the first place, demanded a Bill of Rights as a price for ratifying the Constitution. Halbrook goes into great depth on these arguments, quoting advocates from both sides.
As it turned out, the Federalists got the Constitution they wanted, with a strong central government, but (supposedly) with only limited powers. The anti-Federalists got the Bill of Rights they wanted, although in retrospect it should be called a Bill of Limitations. Every article in the first ten Amendments is a restriction on the power of the Federal government, not a grant of rights to the citizens ("Congress shall make no law. . ."). One of the great strengths of this book is the description of how it turned out that way: who were the actors, what did they say, and how did they work for what they wanted.
The assumption behind the book, of course, is that the intent of the Founders in writing the Constitution still matters. The Second Amendment, in particular, is not a thing of "emanations from penumbras," to be interpreted by the courts according to "modern conditions," but was the work of people who had to fight for their freedom from tyranny, and who intended that the means for that fight should never be taken away from American citizens. To those for whom that assumption is still valid, the book is an excellent resource on the history and reasoning behind the Bill of Rights, and the Second Amendment in particular.
To begin with, even if you're a gun enthusiast, you may not be interested in the political and legal details that influenced the Founders in writing the Constitution and the Bill of Rights. This book delves into those details with enthusiasm (Halbrook is a lawyer, and a good one). Don't buy it if those would leave you cold.
For those who want the details, however, this is an excellent source. Halbrook explains in great depth the growth of the "gun culture" in colonial America, and the efforts of the British government to stifle that culture. Most gun enthusiasts probably know that the American Revolution was triggered by a "gun confiscation" mission ordered by General Gage, which led to fighting at Lexington and Concord. However, Halbrook describes the actions that led up to Lexington and Concord, from 1765 on, including embargoes on shipment of gunpowder to the Colonies, seizure of gunpowder from Colonial powderhouses, and eventually the confiscation of all firearms in Boston.
Halbrook gives only a brief treatment to the conduct of the Revolutionary War itself, except to note the importance of gunpowder smuggled in from the Dutch colony of St. Eustatia. However, the war is not his real focus. His emphasis is on how the Revolutionary War influenced the people who wrote the Constitution.
Halbrook goes into great depth on the debate over whether the Constitution should have a Bill of Rights. On the one side were the Federalists, who argued that a Bill of Rights might eventually become a ceiling over Americans' rights, instead of a floor under them. Why, the Federalists argued, should the Government be forbidden to do certain things which the main body of the Constitution gave it no power to do? The anti-Federalists, who were unhappy with the idea of strong central government in the first place, demanded a Bill of Rights as a price for ratifying the Constitution. Halbrook goes into great depth on these arguments, quoting advocates from both sides.
As it turned out, the Federalists got the Constitution they wanted, with a strong central government, but (supposedly) with only limited powers. The anti-Federalists got the Bill of Rights they wanted, although in retrospect it should be called a Bill of Limitations. Every article in the first ten Amendments is a restriction on the power of the Federal government, not a grant of rights to the citizens ("Congress shall make no law. . ."). One of the great strengths of this book is the description of how it turned out that way: who were the actors, what did they say, and how did they work for what they wanted.
The assumption behind the book, of course, is that the intent of the Founders in writing the Constitution still matters. The Second Amendment, in particular, is not a thing of "emanations from penumbras," to be interpreted by the courts according to "modern conditions," but was the work of people who had to fight for their freedom from tyranny, and who intended that the means for that fight should never be taken away from American citizens. To those for whom that assumption is still valid, the book is an excellent resource on the history and reasoning behind the Bill of Rights, and the Second Amendment in particular.
44 of 48 people found the following review helpful
Format:Hardcover
THE FOUNDERS' SECOND AMENDMENT: ORIGINS OF THE RIGHT TO BEAR ARMS considers the history of the constitutional rights of Americans to bear arms in early America from 1768 to 1826, offering up the first book-length account of these origins based on the Founders' own statements from newspapers, debates, and legislative resolutions. The depth and detail added to source material quotes makes this a fine pick for both college and high school collections strong in American history and politics.
30 of 34 people found the following review helpful
Format:Hardcover
This book is a must read for anyone interested in our countries history and or how we started down the road to the 2nd Admendment. Well written and backed with facts and stories to make the history come alive.
Most Recent Customer Reviews
The 2nd Amendment is NOT negotiable
If you truly want to know the spirit behind our right to keep and bear arms, this is a must read. The author goes into great detail revealing the mindset of our founding fathers. Read more
Published 16 months ago by Danny Gonzales
Really Boring
I tried hard to like this. I am very interested in the subject matter, and with all the positive reviews thought this would be a great read. Read more
Published 23 months ago by Spartacus
Good defintion of our right to bear arms
The Founders' Second Amendment goes into detail about how the Founding Fathers viewed the need for citizens to have the right to keep personal firearms IN ORDER to keep... Read more
Published on May 17, 2010 by Charles C. Petty
Everyone should own a copy
This is a good read it will stir you to what the Government means to take from you
MOLON LABE.
MOLON LABE.
Published on May 9, 2010 by John Holt
2nd Amendment Arguments at their best
A great book that sticks to the reasoning behind the 2nd Amendment, and why the Founding Fathers thought that the right to keep and bear arms was a God-given right and not subject... Read more
Published on January 23, 2010 by G. Barth
excellent reminder of our founders' basic rights
The Founders' Second Amendment: Origins of the Right to Bear Arms
Lawbiding Americans seem today to take for granted the rights that our founders declared for us to protect... Read more
Lawbiding Americans seem today to take for granted the rights that our founders declared for us to protect... Read more
Published on July 16, 2009 by AZ Yankee
What the Far-Left Doesn't Want You To Read
This work is an excellent scholarly treatise on the 2nd amendment of the US Constitution, its origin, environment and intent of those who supported this amendment. Read more
Published on May 25, 2009 by David M. Dougherty
The Founders' Second Amendment: Origins of the Right to Bear Arms
My order was easily placed. Delivery was fast. Thanks, Amazon.com
The book is precise. Easy, to understand. Well written. Read more
The book is precise. Easy, to understand. Well written. Read more
Published on April 26, 2009 by Brian D. Mccall
Finally, a factual history of the 2nd Amendment and why it is just as...
Every history teacher, lawyer and politician should be required to read this book. It is also recommended to be read by every citizen who exercises his/her right to vote. Read more
Published on April 19, 2009 by susu
Awesome book!!
I recommend this book. It is very informative. I am ordering a few more copies for friends!
Published on April 12, 2009 by Charles W. Thompson
Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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military stores, cartouch box, state militia power, structural amendments, arms guarantee, militia clause, select militia, person religiously scrupulous, armed populace, regulated militia, power over the militia, safe defence, most essential rights, good musket Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, New York, Second Amendment, General Gage, New Hampshire, Declaration of Rights, North Carolina, Rhode Island, Continental Congress, James Madison, Great Britain, Patrick Henry, Samuel Adams, John Adams, South Carolina, John Andrews, George Mason, New Jersey, Provincial Congress, Declaration of Independence, Thomas Jefferson, Roger Sherman, New England, Federal Farmer, Lord Dartmouth Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
military stores, cartouch box, state militia power, structural amendments, arms guarantee, militia clause, select militia, person religiously scrupulous, armed populace, regulated militia, power over the militia, safe defence, most essential rights, good musket Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, New York, Second Amendment, General Gage, New Hampshire, Declaration of Rights, North Carolina, Rhode Island, Continental Congress, James Madison, Great Britain, Patrick Henry, Samuel Adams, John Adams, South Carolina, John Andrews, George Mason, New Jersey, Provincial Congress, Declaration of Independence, Thomas Jefferson, Roger Sherman, New England, Federal Farmer, Lord Dartmouth Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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