The Militia and the Right to Arms, Or, How

"Uviller and Merkel offer a very valuable legal history of the militia and its relationship to the standing army. That history is the heart of this book, as their reading of the Second Amendment grows directly out of it. I have read accounts of these events dozens of times, but this one may be the best of all. It covers an enormous amount of ground in an astonishingly short space, in glorious prose, with a narrative flow that pulls the whole story together and sweeps the reader along."--David C. Williams, Indiana University School of Law

H. Richard Uviller is Arthur Levitt Professor of Law at Columbia University William G. Merkel has a J.D. from Columbia University and is completing his doctorate in History at Oxford University

Acknowledgments

ix

Introduction

1

(8)

PART I. ARMS, THE MAN, AND THE MILITIA: THE HISTORY OF A CONCEPT

The Gun in the American Self-Portrait

9

(28)

The Militia Ideal in the American Revolutionary Era

37

(32)

Madisonian Structuralism: The Place of the Militia in the New American Science of Government

69

(40)

PART II. FROM MILITIA TO NATIONAL GUARD

The Decay of the Old Militia, 1789--1840

109

(16)

The Era of the Volunteers, 1840--1903

125

(8)

The United States Army and the United States Army National Guard in the Twentieth Century

133

(14)

PART III. THE MEANING OF MEANING

Text and Context

147

(21)

Other Theories of Meaning Considered

168

(44)

The Emerson Case

212

(15)

Conclusion

227

(4)

Notes

231

(86)

Index

317

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The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent

Summary

Author Biography

Table of Contents

Supplemental Materials