Articles 1 - 2 of 2
Full-Text Articles in United States History
Examining The Role Of Cultural Paradigm Shift On Originalist Interpretation: Implications On The Second Amendment, Arvin Alaigh
Undergraduate Honors Theses
The Second Amendment is traditionally understood within the bounds of originalism, a method of Constitutional interpretation that calls on founding-era history as a means of ascertaining original meanings of the Constitution. Both proponents and opponents of gun regulation appeal to this history as a means of justifying their respective viewpoints – the former assumes an ‘individual right’ reading of the Amendment, while the latter maintains a ‘collective right’ interpretation. In this project, I describe the origins of the Second Amendment and its original context, affirming Saul Cornell’s ‘civic right’ interpretation, against both the individual and collective rights interpretations. I illustrate ...
Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd
Graduate Student Theses, Dissertations, & Professional Papers
This thesis examines the history of American conscientious objectors to military service during the aftermath of World War II. It describes why conscientious objectors were viewed with distrust and suspicion for their refusal to bear arms in defense of the nation and considers how groups such as the American Legion and the Veterans of Foreign Wars attempted to prevent COs from enjoying key benefits of U.S. citizenship by demanding that conscientious objectors be excluded from public employment and denied most forms of government assistance. This thesis focuses on decisions of the United States Supreme Court following World War II ...