The Second Amendment on Trial
The Second Amendment on Trial

Author: Saul Cornell

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781558499942

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On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.

Gun Control on Trial
Gun Control on Trial

Author: Brian Doherty

Publisher: Cato Institute

Published: 2008

Total Pages: 165

ISBN-13: 1933995254

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"On June 26, 2008, the Supreme Court had its first opportunity in seven decades to address one of America's most impassioned constitutional debates: does the right to possess firearms, as stated in the Second Amendment, apply to individuals? Yes, the Court ruled, it does. And, with that decision, the District's handgun ban - one of the toughest and most controversial in the nation - was ended." "In Gun Control on Trial, journalist Brian Doherty tells the full story behind the landmark District of Columbia v. Heller ruling. With exclusive, behind-the-scenes access throughout the case, Doherty takes readers on a remarkable journey - through the legal, scientific, and historical debates; the political battles; and the myths about gun control that have become widespread." "But, beyond the legal arguments are the stories of the people involved in the case. Detailed in Gun Control on Trial are compelling portraits of the plaintiffs - individuals willing to fight for their right to protect themselves and their families from violent criminals, the activist lawyers, who worked exhaustively for their clients, and the city officials who fought any attempt to give their citizens the right to self-defense." "The Heller decision does not settle every controversy in the gun control debate. What it did do, Doherty writes, is create "a new shape to the arena in which the legal and political struggle over guns and gun control will be fought." Gun Control on Trial describes the ground on which that fight will take place."--BOOK JACKET.

Living with Guns
Living with Guns

Author: Craig Whitney

Publisher: Public Affairs

Published: 2012-11-13

Total Pages: 306

ISBN-13: 1610391691

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A former editor at the New York Times examines the war over gun control in America and the rigid and intolerant ideologies that have informed the debate on both sides for more than 50 years. 20,000 first printing.

Repeal the Second Amendment
Repeal the Second Amendment

Author: Allan J. Lichtman

Publisher: Macmillan + ORM

Published: 2020-01-28

Total Pages: 162

ISBN-13: 1250244412

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A radical case for the repeal of the 2nd Amendment as the only way to control gun violence in America There's an average of one mass shooting per day in the United States. Given the ineffectiveness of the gun control lobby, it's time for a strategy with spine. In Repeal the Second Amendment, Allan J. Lichtman has written the first book that uses history, legal theory and up-to-the-minute data to make a compelling case for the amendment’s repeal in order to create a clear road to sensible gun control in the US. Repeal the Second Amendment explores both the true history and current interpretation of the Second Amendment to expose the NRA’s blatant historical manipulations and irresponsible fake news releases. Lichtman looks at the history of firearms and gun regulations from colonial times to the present to explain how a historically forgotten sentence in the Constitution has become a flash point of recent politics that benefits only the gun industry, their lobbyists, and the politicians on their payroll. He probes court decisions and the effective lobbying and public relations strategies of the gun lobby as well as the ineffectiveness of the gun control movement for lessons in doing better. What emerges is a clear and cogent plan--repeal and replace the Second Amendment without taking guns away from anyone who has them now--to make the US a safer place. It's time to Repeal the Second Amendment, and Allan Lichtman is the man to bring this radical plan to America.

Gunfight: The Battle over the Right to Bear Arms in America
Gunfight: The Battle over the Right to Bear Arms in America

Author: Adam Winkler

Publisher: W. W. Norton & Company

Published: 2011-09-19

Total Pages: 376

ISBN-13: 0393082296

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A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.

This Nonviolent Stuff'll Get You Killed
This Nonviolent Stuff'll Get You Killed

Author: Charles E Cobb Jr.

Publisher: Basic Books

Published: 2014-06-03

Total Pages: 322

ISBN-13: 0465080952

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Visiting Martin Luther King Jr. at the peak of the Montgomery, Alabama bus boycott, journalist William Worthy almost sat on a loaded pistol. "Just for self defense," King assured him. It was not the only weapon King kept for such a purpose; one of his advisors remembered the reverend's Montgomery, Alabama home as "an arsenal." Like King, many ostensibly "nonviolent" civil rights activists embraced their constitutional right to selfprotection -- yet this crucial dimension of the Afro-American freedom struggle has been long ignored by history. In This Nonviolent Stuff'll Get You Killed, civil rights scholar Charles E. Cobb Jr. describes the vital role that armed self-defense played in the survival and liberation of black communities in America during the Southern Freedom Movement of the 1960s. In the Deep South, blacks often safeguarded themselves and their loved ones from white supremacist violence by bearing -- and, when necessary, using -- firearms. In much the same way, Cobb shows, nonviolent civil rights workers received critical support from black gun owners in the regions where they worked. Whether patrolling their neighborhoods, garrisoning their homes, or firing back at attackers, these courageous men and women and the weapons they carried were crucial to the movement's success. Giving voice to the World War II veterans, rural activists, volunteer security guards, and self-defense groups who took up arms to defend their lives and liberties, This Nonviolent Stuff'll Get You Killed lays bare the paradoxical relationship between the nonviolent civil rights struggle and the Second Amendment. Drawing on his firsthand experiences in the civil rights movement and interviews with fellow participants, Cobb provides a controversial examination of the crucial place of firearms in the fight for American freedom.

No Guarantee of a Gun
No Guarantee of a Gun

Author: John Massaro

Publisher: Author House

Published: 2009-12-03

Total Pages: 772

ISBN-13: 1468529382

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The information in this book proves by means of credible and irrefutable documentary evidence that the Supreme Court's decision on June 26, 2008, in District of Columbia v. Heller, which held that the Second Amendment protects the right of an individual to possess and carry weapons, was incorrect. And the information in this book forms the foundation of what would have been the correct decision in that case. Second Amendment commentary and case law are incorrect. But unfortunately, they are relied upon by today's scholars and jurists. However, this book, written in plain English instead of the legalese that many persons find unappealing about books pertaining to legal subjects, takes the bold step of disproving these incorrect authorities on the most controversial and puzzling provision of the United States Constitution, and it meets that challenge. While other books on the Second Amendment rely largely on incorrect commentary and case law, this book uses credible and irrefutable documentary evidence to uncover the substance of the Second Amendment. By proving that Second Amendment commentary and case law are incorrect, this book will become both the preeminent treatise on the Second Amendment and a landmark book in the field of Constitutional law. And while gun control has been a highly controversial issue for a long time, the debate on gun control has been improperly bifurcated into what is good public policy and what is Constitutional. This book eliminates the Constitutional component of that debate so that the debate can be focused solely on what is good public policy. Other books written on the Second Amendment propose incorrect theories or attempt to reconcile its two supposed clauses. However, this book is the best book ever written on the Second Amendment because it does what no other book has ever done. It uncovers, by means of documentary evidence instead of mere argument, the true meanings of the terms A well regulated Militia, people, keep, and bear arms.

The Second Amendment
The Second Amendment

Author: Patrick J. Charles

Publisher: McFarland

Published: 2009-03-23

Total Pages: 231

ISBN-13: 0786452730

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"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Legal historians, analysts, judges and commentators have long disagreed about the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service. This book examines the contentions of both groups and concludes that the amendment is meant only to protect the right of an individual to "keep and bear arms" for the purpose of defending the country in a militia force against standing foreign or domestic armies. In crafting his argument, the author examines the Second Amendment in exacting detail. On June 28, 2010, the book was cited by Associate Supreme Court Justice Stephen Breyer in a dissenting opinion for the landmark case McDonald v. City of Chicago.