TY - JOUR PY - 1994// TI - The right of the people or the power of the state: Bearing arms, arming militias, and the Second Amendment JO - Journal on firearms and public policy A1 - Halbrook, Stephen P. SP - 69 EP - 163 VL - 6 IS - N2 - There is a hidden history of the Second Amendment which is long overdue to be written. It is this: during the ratification period of 1787-1791, Congress and the states considered two entirely separate groups of amendments to the Constitution. The first group was a declaration of rights, in which the right of the people to keep and bear arms appeared. The second group, consisting of amendments related to the structure of government, included recognition of the power of states to maintain militias. The former became the Bill of Rights, while the latter was defeated. Somehow, through some Orwellian rewriting of history, as applied to the issues of the right of the people to keep and bear arms and the state militia power, that which was defeated has become the meaning of that which was adopted.

LA - SN - 1930-7616 UR - http://dx.doi.org/ ID - ref1 ER -