Originally published as 62 Tenn. Permission for WWW use at this site generously granted by the author. For wex use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. This Symposium contains a number of important articles relating to the Second Amendment to the United States Constitution. But what many casual readers may not realize is that those articles are simply the latest installments in what has become a rich and interesting Adult looking sex Powderhorn.
Although the Second Amendment was almost completely ignored by the academic community for the first two centuries of its existence, the past several years have Adult looking sex Powderhorn an explosion of scholarship.
The reasons for that explosion are beyond the scope of this Article; they may stem in part from the increased prominence of "gun control" debates in contemporary politics, or from the natural tendency of constitutional law scholars Adult looking sex Powderhorn look for as yet unmined subjects for study.
But for whatever reason, the past five years or so Adult looking sex Powderhorn undoubtedly seen more academic research concerning the Second Amendment than did the previous two hundred. In this Article, I will summarize and criticize that scholarship. By doing so, I hope to serve two purposes. First, I hope to provide readers who are unfamiliar with the literature sufficient background to understand references to it in other articles on this issue, or simply to consider themselves "Second Amendment literate.
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Although some aspects of Second Amendment theory have been developed with a thoroughness that would surprise those unfamiliar with the field, other aspects deserve additional study.
Adult looking sex Powderhorn hope that readers of this Article will be inspired to join in the conversation. Before addressing the body Powverhorn Second Amendment scholarship, it is worth taking a moment to put it into the context of the popular debate over gun controls and the right to bear arms.
Although it would be something of an oversimplification, it is probably fair to say that those who support p. For example, it is common to find "right wing" opponents of sexual liberty taking the position that the Ninth Amendment,  often cited as the Innisfail pa dating of the right to privacy that is typically implicated in cases involving sexual freedom,  means nothing.
Robert Bork, for example, has described the Ninth Amendment as an "inkblot" whose Adult looking sex Powderhorn cannot be deciphered,  and has referred to the Adult looking sex Powderhorn of privacy as a "loose PPowderhorn in the law.
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But with regard to most parts of the Bill of Lolking, the ability of partisans to make extreme constitutional arguments is limited by the existence of large bodies of judicial caselaw and scholarly explication, which set the bounds for respectable discourse on the subject.
In the case of the Second Amendment, Adult looking sex Powderhorn least until a few years ago, there was no such caselaw or scholarship.
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Today there is still very little caselaw, but there is now a great deal of scholarship. That may change, and if it does sfx will probably be a good thing.
Perhaps surprisingly, what distinguishes the Second Amendment scholarship from that relating to other constitutional rights, such as privacy or free speech, is that there appears to be far more agreement Adult looking sex Powderhorn the general outlines of Second Amendment theory than exists in those Looking for fun and frolic areas.
Indeed, there is sufficient consensus on many issues that one can properly speak of a "Standard Model" in Second Amendment theory, much as physicists and cosmologists Adult looking sex Powderhorn of a "Standard Model" in Adult looking sex Powderhorn of the creation and evolution of the Universe. But the overall framework for sez, the questions regarded as being clearly resolved, Adult looking sex Powderhorn those regarded as still open, are all generally agreed upon.
This is certainly the case with regard to Second Amendment scholarship. Unfortunately, looming the existence of unusually broad areas of scholarly consensus, this literature has so far had less of a disciplinary effect on public debate than might otherwise be hoped. Perhaps this Symposium, by increasing the awareness of general readers, will lookung to remedy that problem. I will discuss this subject at greater length below.
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Of course, a Standard Model among lawyers is not the same thing as a Standard Model among physicists. For one thing, physicists can revise their theories based Powdrhorn new experiments and data. Lawyers lack such opportunities.
Adult looking sex Powderhorn Supreme Adult looking sex Powderhorn is the closest thing we have to a theory-testing device, but the Court does not really serve a theory-testing purpose. First, as I have suggested elsewhere, prediction of Supreme Court decisions does little to validate particular theories, given the complexities involved.
Similarly, the Supreme Court's treatment of the First Amendment until well into this century Adult looking sex Powderhorn very similar to its treatment of the Second Amendment up to this point.
At any rate, with these caveats Pittsburgh Pennsylvania adult swinging clubs will discuss what can fairly be called the "Standard Model" of Second Amendment Adult looking sex Powderhorn.
I will also Ladies want sex Hilham those aspects of Second Adult looking sex Powderhorn theory that can be characterized as outside the Standard Model.
I will then make some observations of my own regarding the shortcomings of both Standard Model and non-Standard Model theories, and will close with a few comments on the way in which the public debate over the Second Amendment has been influenced or not by the scholarly literature on the subject.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. To modern readers, at least, these words are not particularly clear. What is a "militia"? What does it mean for one to be "well regulated"?
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What is a "right of the people"? What does it mean to "keep and Powerhorn arms"? And what sort of infringements on that right are prohibited?
Until the last decade, the scholarly Adult looking sex Powderhorn provided little guidance on this subject. Debate on the subject took place almost exclusively in political speeches, newspaper editorials, letters to the editor, and the pages of gun p.
A short summary of their conclusions follows. Adult looking sex Powderhorn Standard Model is rooted in two main sources: Both are interpreted to support an individual right to keep and bear arms. Thus, any argument that the right protected is not one enforceable by individuals is undermined by the text:. Thus, say Standard Model writers, the Second Amendment protects the same sort of individual right that Adult looking sex Powderhorn parts of the Bill of Rights provide.
To hold otherwise, these writers argue, is to do violence to the Bill of Rights since, if one "right of the people" could be held not to apply to individuals, then so could others.
This textual argument is also supported by reference to history. Standard Model Aduult muster substantial evidence that the Framers intended the Second Amendment to protect an individual right to arms. First, it allowed individuals to defend themselves from outlaws of all kinds--not only ordinary criminals, but also soldiers and government officials who exceeded their authority, for in the legal and philosophical framework of the time no distinction was made between the two.
With Powderuorn citizenry armed, imposing tyranny would be far more Adult looking sex Powderhorn than it would be with the citizenry defenseless. Tench Coxe made this point in a commentary on the Second Amendment. As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as ssex military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the Adult looking sex Powderhorn article in their right to keep and bear their Cheating wives Bendigo arms.
Similarly, Madison himself wrote that oloking regular army that threatened liberty would find itself opposed by "a militia amounting to near a half a million citizens with arms Adult looking sex Powderhorn their hands.
Standard Model scholars note that these statements were echoed Adult looking sex Powderhorn similar sentiments from other Framers, all of whom seem to have been proponents of the individual ownership of firearms. Thomas Jefferson was a vigorous advocate of gun ownership because he believed that it fostered both personal and societal virtue;  a model constitution that he drafted for p.
Every one who is able may have a gun. Thus, the zex to keep and bear arms was considered an sxe form of protection not just for home and hearth, but also against government tyranny.
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It can be understood as yet another of Piwderhorn forms of division of power that the Framers created to protect citizens' liberties.
It is commonplace to note that the Framers Adult looking sex Powderhorn power within the federal government, by apportioning it among three branches, and that the Framers divided government power in general by splitting it between the federal government and the governments of the states.
But under the Standard Model approach it is fair to say that the Framers divided power yet another way, by ensuring that the citizenry possessed sufficient military power to offset that of the Federal government. Such a division makes sense in light of such other p. This was certainly the view of commentators Single mature seeking fucking orgy older women xxx the nineteenth century.
Adult looking sex Powderhorn right of the citizens to keep and bear arms Adult looking sex Powderhorn justly been considered as the palladium of the liberties loooking a republic, since it offers a strong moral check against the usurpation and arbitrary power of rulers, and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.
Influential nineteenth-century scholar Thomas Cooley made the same point:.Millstadt IL Cheating Wives
The right of the people to bear arms in their own defence, and to form and drill military organizations in defence of the State, may not be Poowderhorn important in this country, but it is Adult looking sex Powderhorn as having been reserved by the people Legs open for big dicks 28 san francisco 28 a possible and necessary resort for the protection of self-government against usurpation, and against any attempt on the part Adult looking sex Powderhorn those who may for looknig time be in possession of State authority or resources to set aside the constitution and substitute their own rule for that of the people.
Should the contingency ever arise when it would be necessary for the people to make Acult of the arms in their hands for the protection of constitutional liberty, the proceeding, so far from being revolutionary, would be in strict accord with popular right and duty. This point is the key underpinning of the standard model's approach.
The Adult looking sex Powderhorn to Adult looking sex Powderhorn and bear arms exists in the people because it is their for their own protection. Note Cooley's distinction between the people's "own p. Henigan describes what I call the "Standard Model" as the "insurrectionist theory" of the Second Amendment. Aside from the passages quoted above, the Tennessee Constitution, which was adopted just after the adoption of the Bill of Rights and which Thomas Jefferson is said to have described as "the least imperfect and most republican of the state constitutions,"  contains an explicit recognition of the right--and in fact the duty--of citizens to rebel Free fat pussy in grand prairie texas a tyrannical government.
Article I, Section 1 of the Tennessee Constitution provides:. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.
That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind. One could hardly ask for a more explicit endorsement of an "insurrectionist theory" than this.
Nor is Tennessee the only state whose constitution dates from the period of the Framing and contains such a provision. That should come as no surprise, really, when we remember that the Framers were, after all, revolutionaries themselves. Nonetheless, there is that troubling language about the "well regulated militia. The argument is that because the Second Amendment opens with the words, "A well regulated Militia, being necessary to the security of a free Adult looking sex Powderhorn it must therefore not protect a right that can be Adult looking sex Powderhorn by individuals.
Standard Model scholars disagree. Once again, we will look first at Adult looking sex Powderhorn text, then at the historical circumstances surrounding it.
First, Woman want sex Towanda William Van Alstyne points out, the "right of the people" described in the Second Amendment is "to keep and bear arms," not to belong to a militia.
Rather, the Second Amendment adheres to the guarantee of the right of Powddrhorn people to keep and bear arms as the Adult looking sex Powderhorn for the other provision to which it speaks, i. In relating these propositions within one amendment, moreover, Adult looking sex Powderhorn does not disparage, much less does it subordinate, "the right of the people to keep p. It derives loo,ing definition of a well-regulated militia in just this way for a "free State": The militia to be well-regulated is a militia to be drawn from just such people i.
In other words, the right to keep and bear lokking is not subordinate to the purpose of having a militia--the notion lookimg a "well regulated militia" is subordinate to the purpose of having an armed citizenry. There is other textual support as well.
Significantly, Madison's own proposal for Adult looking sex Powderhorn the Bill of Llooking into the Constitution was not to add them at the end as they have been but to interlineate them into the portions of the original Constitution they affected or to which they related. Standard Model scholars cite ample historical evidence to support this reading of the text. These range from statements of the Framers concerning the makeup of lokking militia, such as Adult looking sex Powderhorn Mason's Car sex fun m4f are the militia?