bepress Legal Series
Year 2006 Paper 1824
Copyright c 2006 by the author.
St. George Tucker’s Second Amendment:
Deconstructing `The True Palladium of
St. George Tucker, known as \America’s Blackstone” and author of the rst
commentary on the Constitution in 1803, described the Second Amendment
right of the people to keep and bear arms as \the true palladium of liberty.” In
a recent symposium at the William and Mary College of Law, Prof. Saul Cornell
presented Tucker as an adherent of the view that the Amendment guarantees
a collective or civic right to bear arms in the militia, not an individual right
to have arms for self defense or as a dissuasion to tyranny. In response, my
article scrutinizes Tucker’s work in detail to demonstrate that Tucker did indeed interpret the Amendment as protecting individual rights, and that Tucker’s views are a significant reaction of the intent of the Framers.
READ THE ENTIRE ARTICLE HERE: http://law.bepress.com/cgi/viewcontent.cgi?article=8710&context=expresso
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