When Malcolm Little was growing up in Lansing, Michigan, he developed a mistrust for white Americans.
Originally published as Yale L. For educational use only.
The printed edition remains canonical. For citational use please obtain a back issue from William S. The Origins of an Anglo-American Right.
By Joyce Lee Malcolm. Harvard University Press, It has therefore established certain other auxiliary subordinate rights of the subject, which serve principally as barriers to protect and maintain inviolate the three great and primary rights, of personal security, personal liberty, and private property.
The fifth and last auxiliary right of the subject Which is also declared by the same statute The Origins of an Anglo-American Right,  brings the insights of a student of early modern English political history to the contemporary debate over the Second Amendment.
As her subtitle promises, Malcolm brings into sharp relief the origins of the right to Research papers on malcolm x not only in English ideological and constitutional thought, but in American constitutionalism as well. Malcolm's study traces the transformation of the traditional duty of the English population to have arms for the common defense into the notion of a political right to arms to resist potential excesses of the Crown.
She first focuses on the political turmoil that was seventeenth-century England, a unique century in modern English history. A Scottish family occupied the English throne.
A most un-English experiment, eleven years of republican rule, the Protectorate, was attempted. And by the end of the century, the English exacted a Declaration of Rights from their new rulers, William and Mary.
That declaration included the right to arms. Then, Professor Malcolm takes her study beyond the seventeenth-century background that helped produce a formal recognition of the right to arms. She examines the subsequent history of the right to arms in England and how it became a virtual nullity in the twentieth century.
This Review examines Malcolm's study. Part II examines Malcolm's treatment of seventeenth-century English constitutionalism and how the right to arms became part of English constitutional thinking.
Part III traces the social and cultural developments that led to the ultimate evisceration of the right to arms in the United Kingdom in the twentieth century.
Part IV concludes by discussing the significance of Professor Malcolm's history of the English right to arms for late-twentieth-century Americans concerned both with guns and violence and with arms and rights. Few issues excite greater passion. For better than a generation, the debate over the right to keep and bear arms has been a staple of editorial and op-ed writers in the popular press.
Respected legal scholars, in the pages of this law journal, have in recent years termed the Second Amendment "embarrassing"  and "terrifying. Members of the legal academy, until relatively recently, have been reluctant to join the Second Amendment debate,  and the nature of the right to arms remains a historical p.
The nation's highest tribunal has seriously addressed the issue in only three cases,  and the most recent of these, United p. Miller, is over fifty years old. This controversy occurs at the most fundamental level: It is a debate over the Amendment's basic meaning.
Briefly stated, the modern debate over the Second Amendment is about the extent to which that constitutional provision was intended to limit the ability of government to prohibit or severely restrict private ownership of firearms.
It is a debate shaped in part by high national crime rates--an average of 11, homicides occur annually in incidents involving firearms  --and in part by the presence of firearms in roughly half the households in the country.
Advocates of stricter gun controls have tended to stress the Amendment's Militia Clause "A well-regulated Militia, being necessary to the security of a free State"arguing that the purpose of the Amendment was to maintain state militias against federal encroachment.
Opponents of stricter gun controls have tended to stress the Amendment's second clause "the right of the people to keep and bear Arms, shall not be infringed" and note that the Framers intended a militia of the whole, or at least one consisting of the entire able-bodied white male population.
They argue that this militia of the whole was expected to perform its duties with privately owned weapons. Advocates of this individual rights theory also argue that the Militia Clause should be read as an amplifying rather than a qualifying clause; that is, although maintaining a "well-regulated militia" was a major reason for including the Second Amendment in the Bill of Rights, it should not be viewed as the sole or limiting reason.
Instead, other reasons, such as a right to individual self-defense, must be understood as within the Framers' contemplations. First, it ensured arms for the individual militiamen: He brought his own.
Second, it guaranteed widespread familiarity with arms amongst the population, enhancing the military effectiveness of the militia of the whole. The text of the Second Amendment also poses unmet challenges for those who would claim that it was not meant to protect an individual right.
To begin with, the first clause, discussing the well-regulated militia, seems to be the dependent clause.Browse M+ essays, research and term papers to jumpstart your assignment. Millions of students use us for homework, research and inspiration. BibMe Free Bibliography & Citation Maker - MLA, APA, Chicago, Harvard.
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