Download this Paper Open PDF in Browser

Scottish Factors and the Origins of the Second Amendment: Some Reflections on David Thomas Konig's Rediscovery of the Caledonian Background to the American Right to Arms

Law and History Review, Vol. 22, No. 1, pp. 169-177, 2004

9 Pages Posted: 30 Jan 2007  

H. Richard Uviller

Columbia University - Columbia Law School

William G. Merkel

Charleston School of Law

Abstract

Engages Konig's thesis that knowledge of the Scottish militia's suspension after the Act of Union in 1707 shaped American understanding of the constitutional right to arms, and suggests that English and domestic North American perspectives remained the dominant influences on constitutional discourse in the United States when the Second Amendment was drafted and ratified.

Keywords: David Konig, Second Amendment, original understanding, militia, classical republicanism, Scotland, England, eighteenth century

Suggested Citation

Uviller, H. Richard and Merkel, William G., Scottish Factors and the Origins of the Second Amendment: Some Reflections on David Thomas Konig's Rediscovery of the Caledonian Background to the American Right to Arms. Law and History Review, Vol. 22, No. 1, pp. 169-177, 2004. Available at SSRN: https://ssrn.com/abstract=960252

H. Richard Uviller (deceased)

Columbia University - Columbia Law School

N/A

William G. Merkel (Contact Author)

Charleston School of Law ( email )

Charleston, SC 29402
United States

Paper statistics

Downloads
58
Rank
308,590
Abstract Views
487