A Well-Regulated Militia by Saul Cornell Summary

A Well-Regulated Militia by Saul Cornell presents a comprehensive history of Second Amendment interpretation, arguing that both modern views are historically incorrect. Cornell demonstrates that the Founding Fathers understood the right to bear arms as a "civic right"—an obligation citizens owed to participate in well-regulated militias, rather than an individual or collective right.

A Well-Regulated Militia is ideal for constitutional scholars, historians, law students, and anyone seeking to understand the Second Amendment debate beyond partisan talking points. The book appeals to readers interested in American constitutional history and those wanting historical context for contemporary gun policy discussions rather than ideological arguments.

A Well-Regulated Militia is worth reading for its thorough historical analysis and fresh perspective on a contentious constitutional issue. While some reviewers note Cornell's funding from gun control advocates, most praise the book's scholarly approach and ability to challenge assumptions held by both sides of the gun rights debate.

Saul Cornell argues that the Second Amendment established a "civic right" where citizens had an obligation to arm themselves for militia service, not personal protection. He demonstrates that both the modern "individual rights" and "collective rights" interpretations emerged in the 19th century, not during the founding era, making current debates historically unfounded.

Critics argue that Cornell's research funding from the Joyce Foundation, which advocates gun control, creates bias toward supporting government regulation. Some reviewers also note that Cornell overlooks substantial historical evidence of the right to bear arms supporting individual self-defense and deterring tyrannical government.

A Well-Regulated Militia traces gun control's origins to the 19th century during America's first gun violence crisis, not the founding era. Cornell shows how the modern debate emerged during Reconstruction when Republicans and Democrats clashed over the Second Amendment's connection to the Fourteenth Amendment, with Democrats' victory establishing the "collective rights" interpretation for the next century.

The "civic right" interpretation in A Well-Regulated Militia means citizens had both the right and obligation to bear arms specifically for militia service to protect their communities. Unlike individual self-defense or collective state militia rights, this civic duty required personal gun ownership to fulfill constitutional obligations for community defense against external and internal threats.

According to Saul Cornell, the Founding Fathers viewed gun ownership as necessary for militia participation rather than personal protection, since individual self-defense rights were already protected under common law. Cornell argues there was no need for constitutional protection of hunting or self-defense rights, just as there was no need to guarantee rights to "eat, defecate, or procreate".

A Well-Regulated Militia demonstrates that both sides of the modern gun debate rely on 19th-century interpretations rather than founding-era understanding. Cornell shows the "individual rights" view emerged only in the 1800s, while the "collective rights" view owes more to Anti-Federalists than the actual Framers, making both positions historically inaccurate.

In A Well-Regulated Militia, Cornell explains that Reconstruction fundamentally reshaped Second Amendment debates when Republicans and Democrats fought over gun rights and the Fourteenth Amendment. The Democratic victory during this period elevated the "collective rights" theory to dominance and established the constitutional framework that persisted for over a century until recent individual rights interpretations emerged.