Title: Heller, the Second Amendment, and Reconstruction: Protecting All Freedmen or Only Militiamen
Abstract: In District of Columbia v. Heller, Justice Scalia began his analysis of the perceived meaning of the Second Amendment during Reconstruction by writing that “[i]n the aftermath of the Civil War, there was an outpouring of discussion of the Second Amendment in Congress and in public discourse, as people debated whether and how to secure constitutional rights for newly free slaves.” This was part of a broader historical narrative that began with the right’s English origins and concluded with late-nineteenth century legal scholarship as a means of expositing the common understanding of “the right of the people to keep and bear
Publication Year: 2010
Publication Date: 2010-12-31
Language: en
Type: article
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