That Every Man Be Armed: The Evolution of a Constitutional Right Book

	Preface
	Introduction: Firearms Prohibition and Constitutional Rights	3
1	The Elementary Books of Public Right	7
	The Citizen as Arms Bearer in Greek Polity: Plato and Aristotle	9
	From Republic to Empire in Rome: Cicero versus Caesar	14
	Machiavellian Interlude: Freedom and the Popular Militia	20
	Absolutism versus Republicanism in the Seventeenth Century	24
	Arms, Militia, and Penal Reform in Eighteenth-Century Liberal Thought	32
2	The Common Law of England	37
	The Tradition of the Armed Freeman	37
	Gun Control Laws of the Absolute Monarchs	40
	That Subjects May Have Arms for Their Defense: The Glorious Revolution and Bill of Rights	43
	The Common-Law Liberty to Have Arms: From Coke to Blackstone	49
3	The American Revolution and the Second Amendment	55
	Poore Endebted Discontented and Armed: Bacon's Rebellion of 1676	55
	The American Revolution: Armed Citizens against Standing Army	58
	The Controversy over Ratification of the Constitution	65
	To Keep and Bear Their Private Arms: The Adoption of the Bill of Rights	76
4	Antebellum Interpretations	89
	Judicial Commentaries: The Armed Citizen as the Palladium of Liberty	89
	Carrying Weapons Concealed: The Only Right Questioned in Early State Cases	93
	The Disarmed Slave and the Dred Scott Dilemma	96
	That "The People" Means All Humans: Abolitionist Origins of the Fourteenth Amendment	99
5	Freedmen, Firearms, and the Fourteenth Amendment	107
	That No State Shall Disarm a Freedman: The Proposal of the Fourteenth Amendment	108
	The Public Understanding and State Ratifications of the Fourteenth Amendment	115
	The Impact of the Fourteenth Amendment upon State Constitutions	124
	That No Militia Shall Disarm a Freedman: The Abolition of the Southern Militia Organizations, 1866-1869	135
	Against Deprivation under Color of State Law of the Right to Keep and Bear Arms: The Civil Rights Acts of 1871 and 1875	142
6	The Supreme Court Speaks	155
	Post-Reconstruction Decisions	156
	The Right to Keep and Bear Militia Arms: United States v. Miller (1939)	164
	The Logic of Incorporation and the Fundamental Character of the Right to Keep and Bear Arms	170
7	State and Federal Judicial Opinions	179
	The Pistol as a Protected Arm	179
	State Court Decisions since World War II	184
	To Disarm Felons or to Disarm Citizens? Federal Court Decisions from 1940	187
	Afterword: Public Policy and the Right to Keep and Bear Arms	193
	Notes	199
	Index	267
	About the Author	275