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The Second Amendment in Law and History by Michael A. Bellesiles Pdf
A guide to the complex debates surrounding the constitutional right to bear arms discusses the significance of the gun lobby in the legislation of firearms and the historical and constitutional arguments for restricting gun ownership.
The Second Amendment in Law and History by Carl T. Bogus Pdf
In The Second Amendment in Law and History, the nation's leading historical and constitutional scholars -- including Jack Rakove (author of the Pulitzer Prize-winning Original Meanings), Michael Bellesiles (author of Arming America), Michael Dorf, Daniel Farber, and Paul Finkelman -- marshal a broad range of historical and legal arguments that will fascinate general readers and policy specialists alike. In ten wide-ranging essays, The Second Amendment in Law and History uncovers a rich history of lawmaking, constitutional development, and social change, revealing current gun policy to be radically out of step with deep historical and constitutional trends. The essays touch on leading constitutional debates -- including the nature of constitutional interpretation, the relationship between federal and local authority, and the philosophical origins of American constitutionalism -- as well as key historical issues surrounding gun ownership and the constitutional right to bear arms.
The Second Amendment and Gun Control by Kevin Yuill,Joe Street Pdf
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.
The Founders' Second Amendment by Stephen P. Halbrook Pdf
Stephen P. Halbrook's The Founders' Second Amendment is the first book-length account of the origins of the Second Amendment, based on the Founders' own statements as found in newspapers, correspondence, debates, and resolutions. Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders' generation. His book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it.
Nicholas J. Johnson,David B. Kopel,George A. Mocsary,E. Gregory Wallace,Donald E. Kilmer
Author : Nicholas J. Johnson,David B. Kopel,George A. Mocsary,E. Gregory Wallace,Donald E. Kilmer Publisher : Aspen Publishing Page : 0 pages File Size : 41,7 Mb Release : 2021-10-06 Category : Law ISBN : 1543826814
Firearms Law and the Second Amendment by Nicholas J. Johnson,David B. Kopel,George A. Mocsary,E. Gregory Wallace,Donald E. Kilmer Pdf
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger. Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.
A Right to Bear Arms? by Jennifer Tucker,Barton C. Hacker,Margaret Vining Pdf
This collection of essays explores the way history itself has become a contested element within the national legal debate about firearms. The debate over the Second Amendment has unveiled new and useful information about the history of guns and their possession and meaning in the United States of America. History itself has become contested ground in the debate about firearms and in the interpretation of the Second Amendment to the Constitution of the United States. Specifically this collection of essays gives special attention to the important and often overlooked dimension of the applications of history in the law. These essays illustrate the complexity of the firearms debate, the relation between law and behavior, and the role that historical knowledge plays in contemporary debates over law and policy. Wide-ranging and stimulating The Right to Bear Arms is bound to captivate both historians and casual readers alike.
Explains the history, development, and modern interpretation of the freedoms offered in the Second Amendment, guaranteeing the rights of citizens to bear arms.
Author : H. Richard Uviller,William G. Merkel Publisher : Duke University Press Page : 353 pages File Size : 48,7 Mb Release : 2003-01-20 Category : Political Science ISBN : 9780822384274
The Militia and the Right to Arms, or, How the Second Amendment Fell Silent by H. Richard Uviller,William G. Merkel Pdf
"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." —Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century. Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice Publisher : Unknown Page : 280 pages File Size : 42,7 Mb Release : 1995 Category : Law ISBN : PURD:32754065782835
Public Safety and Recreational Firearms Use Protection Act by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice Pdf
The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
