A Well-Regulated Militia : The Founding Fathers and the Origins of Gun Control in America

  Author:    Saul Cornell
  ISBN:    0195147863
  Sales Rank:    480404
  Published:    2006-06-23
  Publisher:    Oxford University Press, USA
  # Pages:    304
  Binding:    Hardcover
  Avg. Rating:    4.0 based on 10 reviews
  Used Offers:    19 from $7.95
  Amazon Price:    $25.50
  (Data above last updated:  2008-09-06 08:56:39 EST)
  
  
Sort customer reviews by:
  
Show All Reviews on Page      Hide All Reviews on Page
   
  
A Well-Regulated Militia : The Founding Fathers and the Origins of Gun Control in America
  
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well-Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.
                  Reader Reviews 1 - 12 of 12                 
  
  
Review
Date
Review
Rating(5 High)
Review
Helpful
to:
Customer Review Reviewer
Info
Permanent
Link
Reader Reviews Below Sorted by Newest First
08-02-07 1 5\12
(Hide Review...)  Incomplete and Misleading
Reviewer Permalink
While I will not dispute the historical facts that Cornell discusses in his book, he clearly decides to ignore many other historical facts that go against his predetermined position. For example, he cites to statements from Tench Coxe (one of our Founding Fathers), but omits his most telling quote: "The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people." Towards the end of his book, he completely misinterprets several court cases, attributing rulings to them that are not made, and ignores many other cases that tend to support an indiviudal right to keep and bear arms. While the book is easy to understand, it was clearly written with an agenda, not as a balanced piece to try to logically determine the truth. Those who do not know all of the facts will be grossly misled by this book, as it sounds plausable and complete on its face. However, the absence of much relevant information does not serve those who are looking for the actual truth on this issue.
(Review Data Last Updated: 2008-09-05 09:04:46 EST)
05-08-07 1 9\16
(Hide Review...)  basic individual rights are not that complicated
Reviewer Permalink
Interestingly, in a recent decision, the court of appeals for the district of columbia reviewed and analyzed in large part the same history and background that Cornell uses, and came up with the conclusion that the Second Amendment unequivocally protects the individual's right to keep and bear arms. The court's opinion was based largely on and consistent with a number of liberal jurists that have come to agree with the 'individual rights' principle. In addition, use of basic legal constructs can come only to the same conclusion-- the 'militia' clause is prefatory, not operative. The 'right of the people to keep and bear arms' is operative, and therefore controlling. The operative clause speaks of a "right", a right being bestowed by the Creator, of the "people", who are individuals (as they are in the first amendment where the "people" is used), and the right is to KEEP, not just BEAR, arms. "Regulated" in colonial times meant "functional", not controlled by the goverment in a heavy handed way. Additionally, the prefatory "militia" clause is not directed at the security of "the State", but the security of " A FREE state"-- the state of freedom, the condition of freedom-- this is consistent with the Framer's view that a people have the right to overthrow a government that exercises tyranny over its citizens, and that an armed population was an important check against over-expansive governmental power. The court further pointed out that if the Framers, who were intelligent men who knew how the draft, merely intended to protect the States' power to have a militia, they would have written 'The States shall have the right to maintain militias", period.

Unlike Cornell, liberal jurists Laurence Tribe, Akhil Reed Amar and Sanford Levinson are independent researchers who came to their conclusions through unbiased research and legal analysis. As a grantee of the Joyce Foundation, Cornell framed his analysis according to his grantor's agenda. He knows where his bread is buttered.

Do yourself a favor and get a hold of "The Second Amendment Primer". The principle of the Right of the People to Keep and Bear Arms is really not as complicated as Cornell would like to make it seem.The Second Amendment Primer: A Citizen's Guidebook to the History, Sources, and Authorities for the Constitutional Guarantee of the Right to Keep and Bear Arms.The Slaves Shall Serve: Meditations on Liberty
(Review Data Last Updated: 2008-02-13 11:06:17 EST)
04-20-07 1 4\14
(Hide Review...)  another anti-scholarly sham from the anti gun left
Reviewer Permalink
the problem with this book and with Cornell's alleged scholarship is that he ignored the individual aspect of the meaning and intent of the 2nd Amendment. The founding fathers intended the right to be civic and an individual right. Cornell misses "who" exactly the militia is? Cornell already knew what his conclusion was prior to authoring the book. He also downplays his support from the Joyce Foundation which has given him many grants at OSU and funded his research. Saul Cornell is a cleverer Michael Bellesiles.
(Review Data Last Updated: 2008-02-13 11:06:17 EST)
04-11-07 4 2\3
(Hide Review...)  The History of the Second Amendment
Reviewer Permalink
In "A Well Regulated Militia" Saul Cornell gives an excellent history of the second amendment from the days of the founding fathers, early days of the United States, the Civil War and after, and the gradual development of the gun control and gun rights factions. Gun control folks focus on the first part of the Second Amendment; gun rights folks on the second part. Cornell explains how the courts have applied the Second and Fourteenth Amendments using a principle of ruling as narrowly as possible. The weak part of the book is the final chapter "Conclusion". One would like to think that the conclusion follows from the preceding chapters, but Cornell just sort of throws in his thoughts for a solution. But the answer rests not merely from history, but from an understanding of the current sociology of the country, from an analysis of crime in American, and from a comparison with other nations that have chosen a different path in gun control. The conclusion aside, it is a book well worth reading.
(Review Data Last Updated: 2008-02-13 11:06:17 EST)
12-05-06 5 10\23
(Hide Review...)  A Wonderful Book
Reviewer Permalink
One of Cornell's most important points is that service in a state militia at the time of the Founding Fathers WAS a highly regulated enterprise. It was a duty as much as a right - you were required to muster, train, drill; the units were led by an organized officer core; state officials knew who was a member and therefore who owned private firearms; and there were penalties for noncompliance for the select group of individuals who participated (usually white, property-owning males between the ages of 18 and 45).

This type of regulation and oversight would be anathema to the NRA today. They still want to hoodwink us into believing that the Second Amendment gives private citizens the right to run around with their guns and take action when they believe a "tyranny" has risen in Washington. Scary...it's the same mentality taken that was to its logical conclusion by our own most infamous homegrown terrorist, Timothy McVeigh.

Cornell's book makes a farce of such claims, and shows that the NRA would never seek a return to the true concept of the Second Amendment as laid out by the Founders.
(Review Data Last Updated: 2008-02-13 11:06:17 EST)
12-04-06 5 5\12
(Hide Review...)  A Wonderful Book
Reviewer Permalink
One of Cornell's most important points is that service in a state militia at the time of the Founding Fathers WAS a highly regulated enterprise. It was a duty as much as a right - you were required to muster, train, drill; the units were led by an organized officer core; state officials knew who was a member and therefore who owned private firearms; and there were penalties for noncompliance for the select group of individuals who participated (usually white, property-owning males between the ages of 18 and 45).

This type of regulation and oversight would be anathema to the NRA today. They still want to hoodwink us into believing that the Second Amendment gives private citizens the right to run around with their guns and take action when they believe a "tyranny" has risen in Washington. Scary...it's the same mentality taken that was to its logical conclusion by our own most infamous homegrown terrorist, Timothy McVeigh.

Cornell's book makes a farce of such claims, and shows that the NRA would never seek a return to the true concept of the Second Amendment as laid out by the Founders.
(Review Data Last Updated: 2007-04-10 08:42:44 EST)
10-20-06 5 12\17
(Hide Review...)  Keep Your Powder Dry
Reviewer Permalink
The second amendment to the U.S. Constitution reads, "A well regulated militia, being necessary to security of a free State, the right of the people to keep and bear arms shall not be infringed." A straight forward enough statement that this book shows has been interpreted in ways that are far from what its original drafters intended. When the amendment was written, the drafters distinguished between the concept of common defense and the concept of self-defense, as established in English Common Law. The amendment was originally written to prevent the newly created federal government from disarming the state militias that were considered the first line of defense against foreign invasions, civil disorder, and usurpation of power by the federal government. At the time, "well regulated militia" meant organized citizen soldiers trained and equipped to provide a common defense. The rights to self-defense and the weapons necessary to that type of defense were left to the discretion of the states. As this book explains with admirable clarity, and using actual case studies, this distinction between common and self-defense has gradually been lost as the U.S. itself has changed over the last two hundred years. Anyone wishing a real understanding of the second amendment and the many unresolved conflicts that it has generated would do well to read this book.
(Review Data Last Updated: 2008-02-13 11:06:17 EST)
08-06-06 5 20\31
(Hide Review...)  Well-balanced and insightful
Reviewer Permalink
You would think that before writing a review of a book, "reviewers" would take the time to read it. (See comments by 'A guy in PA')

Cornell notes that he obtained funding from Joyce ... and further thanks the NRA and Brady -- should we not read it cause he therefore must be a shill for the gun lobby?

What impresses me that Cornell seems to have sought the input of everyone who counts in this debate. The result is a thoughtful work of history that challenges some of the mistakes both sides have made. For me, it was an eye-opener to see what the real intended meaning of the 2nd amendment was.

I suggest you read this book and judge for yourself -- something some reviewers seem not have bothered to do!
(Review Data Last Updated: 2007-06-29 14:30:35 EST)
08-05-06 5 8\12
(Hide Review...)  Well-balanced and insightful
Reviewer Permalink
You would think that before writing a review of a book, "reviewers" would take the time to read it. (See comments by 'A guy in PA')

Cornell notes that he obtained funding from Joyce ... and further thanks the NRA and Brady -- should we not read it cause he therefore must be a shill for the gun lobby?

What impresses me that Cornell seems to have sought the input of everyone who counts in this debate. The result is a thoughtful work of history that challenges some of the mistakes both sides have made. For me, it was an eye-opener to see what the real intended meaning of the 2nd amendment was.

I suggest you read this book and judge for yourself -- something some reviewers seem not have bothered to do!
(Review Data Last Updated: 2006-09-13 19:48:10 EST)
08-02-06 1 5\13
(Hide Review...)  Readers Should Be Aware...
Reviewer Permalink
Readers of this work should be aware that Saul Cornell's "Second Amendment Research Center" is funded by the Joyce Foundation.

The Joyce Foundation is NOT a neutral party to the 2nd amendment "debate", having strategically funded millions of dollars towards a number of anti gun causes and initiatives.

Caveat Emptor.
(Review Data Last Updated: 2006-08-06 02:04:22 EST)
07-21-06 5 1\2
(Hide Review...)  What the Second Amendment REALLY Means!
Reviewer Permalink
Someone finally gets it! The Second Amendment of the Bill of Rights has long been the root of great controversy and debate. One side declares the intent to be that of insuring a well regulated militia with no regard for individual rights. It seems this school of thought would have us believe that "the people" referred to by the framers are not the same as "the people" regarded in several other of the Amendments. The other side stands firm that the Second Amendment squarely and firmly guarantees the right of individuals to arm themselves.

For decades now, the problem has been that, to a degree, both sides are wrong. The Second Amendment, thanks to Patrick Henry and many other anti-federalists, makes the right to bear arms a "civic right" or duty. The anti-federalists rightly feared the liberal rights guaranteed government by the Constitution and sought to protect the citizenry by giving citizens a civic obligation to arm themselves. A WELL REGULATED MILITIA: THE FOUNDING FATHER'S AND THE ORIGIN OF GUN CONTROL IN AMERICA by Saul Cornell, has finally brought the facts to light.

Though they were not victorious, we should give thanks daily for the tremendous influence the anti-federalists had. Their foresight has come to fruition in America. They envisioned the Constitution as giving too much authority to the various branches of government and taking too much away from the individual states. They feared an overpowering judiciary, which quickly came to exist when the Marshall Court far overstepped its' authority in Marbury v. Madison. The states received their biggest blow from a runaway federal government at the conclusion of the Civil War with the advent of the Fourteenth Amendment. These abuses of power are precisely the reason why the Second Amendment exists, though today it is all but nullified.

Cornell's brilliant work here not only restores the Second Amendment to its original meaning, but explains in detail how we arrived at such a convoluted position on guns as we find ourselves today. Sadly, however, Cornell's book amounts to too little too late, as both sides have become powerful forces giving millions of campaign dollars to a corrupt government that isn't about to relinquish the power it has wrestled away from its citizenry. Nonetheless, Cornell's work is brilliant, if not long overdue, and should be read by all Americans interested in Gun rights issues, and more importantly, state's rights issues.

Monty Rainey
(Review Data Last Updated: 2006-08-02 14:19:18 EST)
06-27-06 5 1\8
(Hide Review...)  Advance Praise for A Well-Regulated Militia
Reviewer Permalink

"If proof were still needed that the study of the Second Amendment remains a fruitful source of inquiry, Saul Cornell's new book provides it. Crisply written and vigorously argued, A Well-Regulated Militia advances an often hackneyed debate by looking beyond the original concerns of the Revolutionary era. Cornell concisely demonstrates why so many of the contemporary fictions swirling around the meaning of this vexed clause depart from its real history." -- Jack Rakove, author of the Pulitzer Prize-winning Original Meanings

"Saul Cornell provides a wonderful, original treatment of a much discussed subject. Based on a meticulous review of American history, Cornell shows that both sides of the debate over the Second Amendment are mistaken. This is a must-read." -- Erwin Chemerinsky, Duke University School of Law

"Jettisoning the rancorous partisanship and historical distortions of both advocates and opponents of gun control, Cornell recovers the lost civic dimension of the constitutional right to bear arms. The point of departure for any future, historically-informed discussion of this most controversial amendment, A Well-Regulated Militia clears the way for fresh and constructive thinking about the rights and responsibilities of gun ownership in America today." -- Peter S. Onuf, author of Jefferson's Empire: The Language of American Nationhood

"With this book Saul Cornell establishes himself as a leading interpreter of the Second Amendment, and teaches us valuable lessons not only about gun control and the militia, but about the nature of American republican government itself." -- Stephen Presser, Northwestern University School of Law

"A provocative alternative in the debate over the historical meaning of the Second Amendment. Anyone interested in how the right to bear arms was thought about in the early republic will need to take this book into account." -- Keith E. Whittington, author of Constitutional Interpretation
(Review Data Last Updated: 2006-07-30 18:20:51 EST)
  
                  Reader Reviews 1 - 12 of 12                 
  
  
  
  
  
  

Because the data used to generate this site come from outside sources, VeryWellSaid.com cannot guarantee the completeness or accuracy of the data.
Search VeryWellSaid™
Google
Web VeryWellSaid™
New subjects are added every week.
View Subjects Below by:
* Top Selling
 (click category name, left)
* Top-Rated Top Sellers
 (click 'Top Rated', right)
In the news...  
Dubai\UAE Top Rated
Influenza\Bird Flu Top Rated
Iraq Top Rated
Supreme Court Top Rated
All Books Top Rated
Arts Top Rated
Photography Top Rated
Digital Photography Top Rated
Digital Cameras Top Rated
Biography Top Rated
Business Top Rated
Management Top Rated
Marketing Top Rated
Sales Top Rated
Stocks Top Rated
Bonds Top Rated
Real Estate Top Rated
Trading Top Rated
Commodities Trading Top Rated
Time Management Top Rated
Starting A Business Top Rated
Children's Top Rated
Comics Top Rated
Computers Top Rated
PC Top Rated
Mac Top Rated
Programming Top Rated
Design Patterns Top Rated
.Net Top Rated
C# Top Rated
Vb.Net Top Rated
Asp.Net Top Rated
Java Top Rated
Python Top Rated
PHP Top Rated
Perl Top Rated
Javascript Top Rated
Ajax Top Rated
CSS Top Rated
Open Source Top Rated
SQL Top Rated
Databases Top Rated
Oracle Top Rated
MySql Top Rated
Sql Server Top Rated
IIS Top Rated
Apache Top Rated
Linux Top Rated
Windows Server Top Rated
Project Management Top Rated
HTML Top Rated
UML Top Rated
IT Certifications Top Rated
Cisco Certifications Top Rated
MCSE Top Rated
MCSD Top Rated
Cooking Top Rated
Italian Cooking Top Rated
Vegetarian Cooking Top Rated
Wine Top Rated
Engineering Top Rated
Entertainment Top Rated
Health Top Rated
Nutrition Top Rated
Dieting Top Rated
Sex Top Rated
History Top Rated
Military History Top Rated
British History Top Rated
Middle East History Top Rated
Land Battles Top Rated
Naval Warfare Top Rated
Air Warfare Top Rated
9/11 Top Rated
Terrorism Top Rated
Home Top Rated
Mortgage\Home Equity Loan Top Rated
Cars Top Rated
Car Buying Top Rated
Sports Cars Top Rated
Cat Top Rated
Humor Top Rated
Horror Top Rated
Law Top Rated
IP Law Top Rated
Legal History Top Rated
Fiction Top Rated
Oprah's Book Club Top Rated
Medicine Top Rated
Cancer Top Rated
Stroke Top Rated
Heart Disease Top Rated
Fertility Top Rated
Diabetes Top Rated
Pharmacology Top Rated
Back Problems Top Rated
Menopause Top Rated
Thyroid Top Rated
Pain Top Rated
Organic Chemistry Top Rated
Immune System Top Rated
Mystery Top Rated
Nonfiction Top Rated
Outdoors Top Rated
Running Top Rated
Radio Control Models Top Rated
Guns Top Rated
Parenting Top Rated
Divorce Top Rated
Professional Top Rated
Reference Top Rated
Religion Top Rated
Romance Top Rated
Science Top Rated
Physics Top Rated
Chemistry Top Rated
Astronomy Top Rated
Psychology Top Rated
Science Fiction Top Rated
Sports Top Rated
Teens Top Rated
Travel Top Rated
USA Top Rated
Europe Top Rated
France Top Rated
Italy Top Rated
England Top Rated
China Top Rated
All Books Arts Biography Click Here For An A-Z Index Of All 213 Best-Seller Subjects Business Children's Comics
Computers Cooking Engineering Entertainment Health History Home Horror Humor Law Fiction Medicine Mystery
Nonfiction Outdoors Parenting Professional Reference Religion Romance Science Sci-Fi Sports Teens Travel
In Association with Amazon.com

Cache miss
(not cached)