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: 2008-11-01

Total Pages: 170

ISBN-13: 193399598X

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In June 2008, the Supreme Court had its first opportunity in seven decades to decide a question at the heart of one of America’s most impassioned debates: Do Americans have a right to possess guns? Gun Control on Trial tells the full story of the Court’s decision in District of Columbia v. Heller, which ended the District’s gun ban. With exclusive behind-the-scenes access throughout the process, author Brian Doherty is uniquely positioned to delve into the issues of this monumental case and provides compelling looks at the inside stories, including the plaintiffs’ fight for the right to protect their lives, the activist lawyers who worked to affirm that right, and the forces who fought to stop the case.


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.


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.


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.


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.


The Positive Second Amendment

The Positive Second Amendment

Author: Joseph Blocher

Publisher: Cambridge University Press

Published: 2018-09-13

Total Pages: 217

ISBN-13: 1107158699

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Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.


The Right to Bear Arms

The Right to Bear Arms

Author: Stephen P. Halbrook

Publisher: Bombardier Books

Published: 2021-05-03

Total Pages: 422

ISBN-13: 163758119X

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The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook’s scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution’s ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment’s right to bear and carry arms.


The Second

The Second

Author: Carol Anderson

Publisher: Bloomsbury Publishing USA

Published: 2021-06-01

Total Pages: 305

ISBN-13: 1635574269

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From the New York Times bestselling author of White Rage, an unflinching, critical new look at the Second Amendment and how it has been engineered to deny the rights of African Americans since its inception. In The Second, historian and award-winning, bestselling author of White Rage Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans. From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless--revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished. Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.