IN THE course of the foregoing review of the ConstitutionI have taken notice of, and endeavored to answer most of the objections which have appeared against it.
Originally published as 28 Val. For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. Introduction Long overlooked or ignored, the Second Amendment has become the object of some study and much debate. One Define federalist essays being discussed is whether the Second Amendment recognizes the right of each citizen to keep and bear arms,  or whether the right belongs solely to state governments and empowers each state to maintain a military force.
Civil libertarians support the individual rights recognized in the First, Fourth, Fifth, and Sixth Amendments and defend these rights against governmental abuse. Civil libertarians insist that each citizen be accorded the right to free speech, even if the citizen is a Nazi hatemonger.
Similarly, criminals can count on a vigorous defense of the fourth amendment right to be free from unreasonable searches as well as the fifth amendment right not to incriminate oneself.
All of this is true even though most of us would p. Yet, we zealously defend these rights Define federalist essays the premise that governmental abuse of power is a greater evil than that posed by individual hatemongers or criminals.
In the context of the Second Amendment, civil libertarian instincts are overcome by our fear of one another. It rejects any suggestion that the Second Amendment protects an individual right.
While this phenomenon is interesting, it is not the subject of this Article. My purpose is much narrower. I will address the history of the Second Amendment and attempt to define its original intent.
I will not suggest that original intent is controlling. On this point, I am reminded that George Washington once suggested, "Individuals entering into society, must give up a share of liberty to preserve the rest.
The magnitude of the sacrifice must p. Thus, the right envisioned was not only the right to be armed, but to be armed at a level equal to the government.
To determine the original intent of the Second Amendment, this Article will examine the history of armed citizens in England, the Federalist and Antifederalist debates, the meaning of the word "militia," the constitutional ratification process, and the various state constitutions in existence at the time.
The Rights of Englishmen Eighteenth-century commentators frequently discussed the evils of standing armies. Coupled with this obligation to defend the realm was the obligation to provide oneself with weapons for this purpose.
The Tudor Period The citizen-army concept continued to develop through the Tudor period. Henry VIII decreed that fathers must purchase longbows for sons between seven and fourteen years of age and teach them to shoot.
The Stuart Period The early Stuart period was the single most important period in English history in terms of shaping the political theory of the American revolutionary leaders. Consequently, inJames advised Parliament that it existed only by the grace of the King.
Parliament pointed out that its powers and liberties were "the ancient and undoubted birthright and inheritance of the subjects of England Charles I began developing his own army. Charles I was forced to call Parliament to session in for purposes of raising additional taxes because of the rebellion.
Swelled with its success in outmaneuvering the King, the Long Parliament moved to seize control of the militia. Parliament moved forward and appointed its own officers to p. Charles attempted to disarm many militia units by confiscating public magazines and seizing the weapons of residents.The terms 'federalism' and 'confederalism' both have a root in the Latin word foedus, meaning "treaty, pact or covenant."Their common meaning until the late eighteenth century was a simple league or inter-governmental relationship among sovereign states based upon a treaty.
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Thomas Jefferson called The Federalist Papers the best commentary on the principles of government. The Federalist No. 84 Certain General and Miscellaneous Objections to the Constitution Considered and Answered Independent Journal Wednesday, July 16, Saturday, July 26, Saturday, August 9, Federalist No.
78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist yunusemremert.com all of The Federalist papers, it was published under the pseudonym Publius..
Titled "The Judiciary Department", Federalist No. 78 was published May 28, and first appeared in a newspaper on June 14 of the same yunusemremert.com was .