Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876 (Hardcover)

by Stephen P. Halbrook (Author) "E.G. Baker, a white Mississippi planter, wrote a letter to members of the state legislature on October 22, 1865, warning of a possible negro insurrection..." (more)
Key Phrases: proceedings concerning personal liberty, arms guarantee, firearms prohibition, United States, Freedmen's Bureau, Supreme Court (more...)

Editorial Reviews

Review
“[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

“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

“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

“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 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

“...this book is a valuable addition to the literature.”–Constitutional Commentary

“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

“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

Product Description
Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's "gun-control" debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from State violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment.

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Product Details

• Hardcover: 248 pages
• Publisher: Praeger Publishers (November 30, 1998)
• Language: English
• ISBN-10: 0275963314
• ISBN-13: 978-0275963316
• Product Dimensions: 9.6 x 6.4 x 0.9 inches
• Shipping Weight: 1.3 pounds
• Average Customer Review: 5.0 out of 5 stars See all reviews (1 customer review)
• Amazon.com Sales Rank: #1,225,817 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

9 of 9 people found the following review helpful:

5.0 out of 5 stars Firearms Favor Equality, March 26, 2000

By A Customer

Stephen Halbrook does it again with a scholarly exegesis of the Fourteenth Amendment exposing anew the racist roots of gun control. Halbrook reveals the lies and lays bare the cynicism of those who claim the Constitution permits or even favors anti-gun laws. A must read for those who still believe in liberty. The Fourteenth Amendment meant to enshrine and extend the Second Amendment specifically, along with the rest of the Bill of Rights, to newly freed blacks and make them enforceable against state governments.