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‘This Right is Not Allowed by Governments that are Afraid of the People’: The Public Meaning of the Second Amendment When the Fourteenth Amendment Was Ratified


Clayton E. Cramer


College of Western Idaho

Nicholas James Johnson


Fordham University School of Law

George A. Mocsary


Southern Illinois University at Carbondale - School of Law

April 1, 2010

George Mason Law Review, Vol. 17, No. 3, pp. 823-862, 2010

Abstract:     
This is the final print version of the article, cited by the United States Supreme Court in McDonald v. Chicago, 130 S. Ct. 3020, 3039 n.21, 3041 n.25, 3043 (2010). Please see the pre-publication version, which has been cited by the petitioner’s brief and an amicus brief in McDonald v. Chicago, 08-1521 (S. Ct. argued Mar. 2, 2010), here: http://ssrn.com/abstract=1491365.

If the Fourteenth Amendment is found to incorporate the Second Amendment against the states, what meaning of the Second Amendment does it include? This paper examines judicial and popular understandings of the Second Amendment in the period between ratification of the Bill of Rights and the Fourteenth Amendment.

Number of Pages in PDF File: 40

Keywords: Second Amendment, gun, Fourteenth Amendment, arms, bear arms, militia, federalism, individual right, collective right, firearm, tyranny, militias, weapon, incorporation, free state, well regulated, disarm, self-defense, Heller, Mcdonald, black codes, Constitution, Bill of Rights

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Date posted: April 6, 2010 ; Last revised: August 23, 2010

Suggested Citation

Cramer, Clayton E. and Johnson, Nicholas James and Mocsary, George A., ‘This Right is Not Allowed by Governments that are Afraid of the People’: The Public Meaning of the Second Amendment When the Fourteenth Amendment Was Ratified (April 1, 2010). George Mason Law Review, Vol. 17, No. 3, pp. 823-862, 2010. Available at SSRN: http://ssrn.com/abstract=1585461

Contact Information

Clayton E. Cramer (Contact Author)
College of Western Idaho ( email )
5500 East Opportunity Drive
Nampa, ID 83687
United States
Nicholas James Johnson
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
George A. Mocsary
Southern Illinois University at Carbondale - School of Law ( email )
1150 Douglas Drive
Carbondale, IL 62901-6804
United States
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