Heller, the Second Amendment, and Reconstruction: Protecting All Freedmen or Only Militiamen?
Also published in Santa Clara Law Review
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SECURING CIVIL RIGHTS: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms
What did it mean to take civil rights seriouslyespecially the “right to bear arms”in the years following the abolition of slavery? By quoting legislative debates, Congressional hearings on Ku Klux Klan violence, and newspapers and law books of the time, constitutional scholar Stephen Halbrook shows that both supporters and opponents of the Fourteenth Amendment (1868) believed that it protected all Bill of Rights guaranteesespecially the Second Amendmentfrom infringement by the states. Learn More »»