Ezra Klein asked Akhil Reed Amar, a constitutional scholar, about the Second Amendment. Amar responded with two artworks that illustrate how the meaning of the Second Amendment has shifted over the years.
In a nutshell, almost everything ordinary Americans think they know about the Bill of Rights, including the phrase 'Bill of Rights,' comes from the Reconstruction period. Not once did the Founders refer to these early amendments as a bill of rights. We read everything through the prism of the 14th amendment -- including the right to bear and keep arms.
The Fourteenth Amendment has a lot of parts, among them the definition of citizenship, Civil War debt, due process, and equal protection. Amar wrote more about the interplay between the 2nd and 14th Amendments for Slate in 2008.
But the 14th Amendment did not specifically enumerate these sacred privileges and immunities. Instead, like the Ninth, the 14th invited interpreters to pay close attention to fundamental rights that Americans had affirmed through their lived experience-in state bills of rights and in other canonical texts such as the Declaration of Independence and landmark civil rights legislation. And when it came to guns, a companion statute to the 14th Amendment, enacted by Congress in 1866, declared that "laws ... concerning personal liberty [and] personal security ... including the constitutional right to bear arms, shall be secured to and enjoyed by all the citizens." Here, in sharp contrast to founding-era legal texts, the "bear arms" phrase was decisively severed from the military context. Women as well as men could claim a "personal" right to protect their "personal liberty" and "personal security" in their homes. The Reconstruction-era Congress clearly understood that Southern blacks might need guns in their homes to protect themselves from private violence in places where they could not rely on local constables to keep their neighborhoods safe. When guns were outlawed, only outlaw Klansmen would have guns, to paraphrase a modern NRA slogan. In this critical chapter in the history of American liberty, we find additional evidence of an individual right to have a gun in one's home, regardless of the original meaning of the Second Amendment.
To answer the question, "If every state of the USA declared war against each other, which would win?" Quora user Jon Davis went way in-depth writing "the accounts of the Second American Civil War, also known as the Wars of Reunification and the American Warring States Period." It's sort of a mix between World War Z (oral histories) and the post on Reddit being turned into a movie (realistic seeming discussion of military action). I am a sucker for this kind of fictionalized future-history stuff.
First came a period of massive migration back to the homelands. Facing the newly invented discrimination that will be created many felt the need to go back to their own people. While the individual states retained all military assets they couldn't control the individuals who fight. A Texas Marine stationed in California, would not fight for California. A soldier in New York would not fight against their home in Virginia and a sailor in Houston would not fight against their home state of Florida. The warriors returned to their home states and the states had to re-consider that when they measured troop strength of their new nations. Ultimately, they measured troop strength by how much of the population would return home.
(via Stellar)
Disunion is a new NY Times blog that will be covering the events of the Civil War in "real-time" as it happened 150 years ago. From one of the first posts about the last ordinary day:
[November 1, 1860] was an ordinary day in America: one of the last such days for a very long time to come.
In dusty San Antonio, Colonel Robert E. Lee of the U.S. Army had just submitted a long report to Washington about recent skirmishes against marauding Comanches and Mexican banditti. In Louisiana, William Tecumseh Sherman was in the midst of a tedious week interviewing teenage applicants to the military academy where he served as superintendent. In Galena, Ill., passers-by might have seen a man in a shabby military greatcoat and slouch hat trudging to work that Thursday morning, as he did every weekday. He was Ulysses Grant, a middle-aged shop clerk in his family's leather-goods store.
Great idea. The Times started publishing in 1851 so their archives should have a ton of stuff related to the war. (via df)
1863 photo of John L. Burns, War of 1812 veteran and sharpshooter in the Battle of Gettysburg.
Burns, born ca. 1793, was a 70-year-old veteran of the War of 1812 when he was wounded in the Battle of Gettysburg, having volunteered his services as a sharpshooter to the Federal Army. He died of pneumonia in 1872.
And from the comments:
Mr Burns' flintlock is at half-cock with the frizzen down, ready to ready to fire.
Has Abe Lincoln been discovered in the background of a pair of photographs taken right before the Gettysburg Address?
The new photos are enlarged details from much wider crowd shots; they were discovered by a Civil War hobbyist earlier this year in the vast trove of Library of Congress photographs digitized since 2000, and provided to USA Today. They show a figure believed to be Lincoln, white-gloved and in his trademark stovepipe hat, in a military procession.
The funny thing is, if you look at a similar photograph of Lincoln taken shortly after his speech, there are at least three men seated around him who are wearing stovepipe hats. The photographic evidence alone is not compelling. "Paging Errol Morris. Would Errol Morris please come to the information desk. Thank you."
