Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.6.2
Site Design by Sekimori

« Bumper crop of Commerce Clause cases? | Main | GCA 68, the Commerce nexus, and Dr. Emerson »

Party Platforms, mid-19th century

Posted by David Hardy · 30 March 2005 11:31 AM

An interesting historical point (thanks to Gene Volokh for the discovery):

In the mid-19th century, both major parties saw the right to arms as an individual right. The 1856 Republican platform protested at disarmament in Kansas, and the 1864 Democratic one at disarmanent in Maryland.

1856 Republican Platform:

"Resolved: That while the Constitution of the United States was ordained and established by the people, in order to "form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty," and contain ample provision for the protection of the life, liberty, and property of every citizen, the dearest Constitutional rights of the people of Kansas have been fraudulently and violently taken from them.

Their Territory has been invaded by an armed force;

Spurious and pretended legislative, judicial, and executive officers have been set over them, by whose usurped authority, sustained by the military power of the government, tyrannical and unconstitutional laws have been enacted and enforced;

The right of the people to keep and bear arms has been infringed....

The right of an accused person to a speedy and public trial by an impartial jury has been denied;

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, has been violated...."

1864 Democratic Party Platform:

"Resolved, That the aim and object of the Democratic party is to preserve the Federal Union and the rights of the States unimpaired, and they hereby declare that they consider that the administrative usurpation of extraordinary and dangerous powers not granted by the Constitution — the subversion of the civil by military law in States not in insurrection; . . . the suppression of freedom of speech and of the press; . . . and the interference with and denial of the right of the people to bear arms in their defense is calculated to prevent a restoration of the Union and the perpetuation of a Government deriving its just powers from the consent of the governed. "

The point is simply that, in the period after the adoption of the Second Amendment, and immediately preceding that of the Fourteenth Amendment, there seems to have been no doubt that the right to arms was an individual right, and on a part with First, Fouth, and Fifth Amendment rights.

· Framers to the Civil War

Leave a comment