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Author : Joseph Blocher,Darrell A.H. Miller
Publisher : Cambridge University Press
Page : 217 pages
File Size : 52,9 Mb
Release : 2018-09-13
Category : Law
ISBN : 9781107158696
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Author : Fredrick E. Ayres
Publisher : Harvard University Press
Page : 257 pages
File Size : 48,6 Mb
Release : 2020-10-27
Category : Law
ISBN : 9780674241091
How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.
Author : Brian Doherty
Publisher : Cato Institute
Page : 170 pages
File Size : 43,9 Mb
Release : 2008-11-01
Category : Political Science
ISBN : 9781933995984
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.
Author : John Massaro
Publisher : Author House
Page : 772 pages
File Size : 52,8 Mb
Release : 2009-12-03
Category : Law
ISBN : 9781468529388
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.
Author : Emily Miller
Publisher : Simon and Schuster
Page : 384 pages
File Size : 55,5 Mb
Release : 2013-09-03
Category : Political Science
ISBN : 9781621571957
In the wake of tragic shootings in Newtown and Aurora, the anti-gun lobby has launched a campaign of lies, distortion, misrepresentation, and emotional manipulation that is breathtaking in its vitriol and its denial of basic facts. Their goal is to take away our Second Amendment rights and then disarm law-abiding Americans. Emily Miller tells her personal story of how being a single, female victim of a home invasion drove her to try to obtain a legally registered gun in Washington, D.C. The narrative—sometimes shocking, other times hilarious in its absurdity—gives the reader a real life understanding of how gun-control laws only make it more difficult for honest, law-abiding people to get guns, while violent crime continues to rise. Using facts and newly uncovered research, Miller exposes the schemes politicians on Capitol Hill, in the White House, and around the country are using to deny people their Second Amendment rights. She exposes the myths that gun grabbers and liberal media use to get new laws passed that infringe on our right to keep and bear arms. The gun rights debate isn’t just about firearms. It’s about protecting a fundamental right that is enshrined in the U.S. Constitution. It’s about politicians who lie, manipulate, and outright break existing laws to get what they want. It’s about President Obama wanting a bigger federal government to control you. Not just your guns—you. The fight for gun rights is the fight for freedom. Emily Miller says stand up and fight back now because your Second Amendment will only be the first to go.
Author : Joyce Lee Malcolm
Publisher : Harvard University Press
Page : 250 pages
File Size : 45,8 Mb
Release : 1996
Category : History
ISBN : 0674893077
This work illuminates the historical facts behind the current debate about gun-related violence, the Brady Bill and the NRA, including the original meaning and intentions behind the right to "bear arms". It traces its roots to the legacy of English law, leading directly to the Second Amendment
Author : Darren Patrick Guerra
Publisher : Lexington Books
Page : 253 pages
File Size : 46,8 Mb
Release : 2013-06-10
Category : Law
ISBN : 9780739183861
He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
Author : Michael A. Bellesiles
Publisher : Unknown
Page : 604 pages
File Size : 51,7 Mb
Release : 2003
Category : History
ISBN : 1932360077
Draws on archival material to challenge popular misconceptions about the American belief system about arms rights, tracing "gun fever" to its European origins while documenting the rarity of firearms in early America as well as the technological advances and events that made guns an integral part of American life. Original.
Author : Jonathan M. Metzl
Publisher : Basic Books
Page : 354 pages
File Size : 45,5 Mb
Release : 2019-03-05
Category : Social Science
ISBN : 9781541644960
A physician's "provocative" (Boston Globe) and "timely" (Ibram X. Kendi, New York Times Book Review) account of how right-wing backlash policies have deadly consequences -- even for the white voters they promise to help. In election after election, conservative white Americans have embraced politicians who pledge to make their lives great again. But as physician Jonathan M. Metzl shows in Dying of Whiteness, the policies that result actually place white Americans at ever-greater risk of sickness and death. Interviewing a range of everyday Americans, Metzl examines how racial resentment has fueled progun laws in Missouri, resistance to the Affordable Care Act in Tennessee, and cuts to schools and social services in Kansas. He shows these policies' costs: increasing deaths by gun suicide, falling life expectancies, and rising dropout rates. Now updated with a new afterword, Dying of Whiteness demonstrates how much white America would benefit by emphasizing cooperation rather than chasing false promises of supremacy. Winner of the Robert F. Kennedy Book Award
Author : Ted Nugent
Publisher : Simon and Schuster
Page : 315 pages
File Size : 52,7 Mb
Release : 2001-08-14
Category : Biography & Autobiography
ISBN : 9781596986633
Rock and Roll legend Ted Nugent contends that a lot of what is wrong with this country could be remedied by a simple, but controversial concept: gun ownership.
Author : John O. McGinnis,Michael B. Rappaport
Publisher : Harvard University Press
Page : 309 pages
File Size : 41,9 Mb
Release : 2013-11-01
Category : Law
ISBN : 9780674726260
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Author : Kevin Yuill,Joe Street
Publisher : Routledge
Page : 293 pages
File Size : 52,6 Mb
Release : 2017-09-14
Category : History
ISBN : 9781351783330
The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.
Author : Jerome B. Agel,Mort Gerberg
Publisher : Penguin
Page : 68 pages
File Size : 46,6 Mb
Release : 1991-03-21
Category : Political Science
ISBN : 0399513051
History comes alive in this illustrated guide to the Constitution and all 27 Amendments. The Constitution has been in the news a lot recently. But most of us could probably use a refresher on this founding document of America--you can probably name the first and second amendments, but what about the 11th, or the 22nd? And what does all of that formal political language actually mean for us today? The U.S. Constitution for Everyone answers these questions and more, like: - How does impeachment work, anyway? - How long is a Senator's term? - What is covered by "freedom of speech"? - What are "emoluments"? - How exactly does a bill become a law? This book makes understanding your rights easy with clear explanations of the complete text of the U.S. Constitution, as well as all 27 Amendments, alongside fascinating historical facts and explanations. A must-read for students, curious citzens, and everyone who'd like to know more about the supreme laws of our nation.
Author : Randy E. Barnett,Evan D. Bernick
Publisher : Harvard University Press
Page : 489 pages
File Size : 50,9 Mb
Release : 2021-11-02
Category : Law
ISBN : 9780674257764
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Author : Philip J. Cook,Kristin A. Goss
Publisher : Oxford University Press
Page : 256 pages
File Size : 52,5 Mb
Release : 2014-04-01
Category : Social Science
ISBN : 9780199339013
No topic is more polarizing than guns and gun control. From a gun culture that took root early in American history to the mass shootings that repeatedly bring the public discussion of gun control to a fever pitch, the topic has preoccupied citizens, public officials, and special interest groups for decades. The Gun Debate: What Everyone Needs to Know® delves into the issues that Americans debate when they talk about guns. With a balanced and broad-ranging approach, noted economist Philip J. Cook and political scientist Kristin A. Goss thoroughly cover the latest research, data, and developments on gun ownership, gun violence, the firearms industry, and the regulation of firearms. The authors also tackle sensitive issues such as the effectiveness of gun control, the connection between mental illness and violent crime, the question of whether more guns make us safer, and ways that video games and the media might contribute to gun violence. No discussion of guns in the U.S. would be complete without consideration of the history, culture, and politics that drive the passion behind the debate. Cook and Goss deftly explore the origins of the American gun culture and the makeup of both the gun rights and gun control movements. Written in question-and-answer format, the book will help readers make sense of the ideologically driven statistics and slogans that characterize our national conversation on firearms. This book is a must-read for anyone interested in getting a clear view of the issues surrounding guns and gun policy in America. What Everyone Needs to Know® is a registered trademark of Oxford University Press.
