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A Well Regulated Militia

Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199712441
Size: 76.15 MB
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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. Winner of the Langum Prize in American Legal History/Legal Biography

Gunfight The Battle Over The Right To Bear Arms In America

Author: Adam Winkler
Publisher: W. W. Norton & Company
ISBN: 0393082296
Size: 51.59 MB
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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.

Guns In American Society

Author: Gregg Lee Carter
Publisher: ABC-CLIO
ISBN: 0313386706
Size: 54.42 MB
Format: PDF, Kindle
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Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. * 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) * 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence * A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States * An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States * Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations

Gun Control In The United States

Author: Gregg Lee Carter
Publisher: ABC-CLIO
ISBN: 1851097600
Size: 33.30 MB
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This balanced, objective examination of the gun control debate in America gives the general reader access to contemporary research on both sides of the argument. * A chronology of gun control, including key legislation, court decisions, and historical events * An annotated bibliography points readers to reliable additional print and nonprint resources

The Complete American Constitutionalism Volume One

Author: Howard Gillman
Publisher: Oxford University Press, USA
ISBN: 0190237627
Size: 45.39 MB
Format: PDF
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The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.

The Lovers Quarrel

Author: Elvin T. Lim
Publisher: Oxford University Press
ISBN: 019932395X
Size: 61.57 MB
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The United States has had not one, but two Foundings. The Constitution produced by the Second Founding came to be only after a vociferous battle between Federalists and Anti-Federalists. The Federalists favored a relatively powerful central government, while the Anti-Federalists distrusted the concentration of power in one place and advocated the preservation of sovereignty in the states as crucibles of post-revolutionary republicanism -- the legacy of the First Founding. This philosophical cleavage has been at the heart of practically every major political conflict in U.S. history, and lives on today in debates between modern liberals and conservatives. In The Lovers' Quarrel, Elvin T. Lim presents a systematic and innovative analysis of this perennial struggle. The framers of the second Constitution, the Federalists, were not operating in an ideational or institutional vacuum; rather, the document they drafted and ratified was designed to remedy the perceived flaws of the Articles of Confederation and Perpetual Union. To decouple the Two Foundings is to appreciate that there is no such thing as "original meaning," only original dissent. Because the Anti-Federalists insisted that prior and democratically sanctioned understandings of federalism and union had to be negotiated and partially grafted onto the new Constitution, the Constitution's Articles and the Bill of Rights do not cohere as well together as has conventionally been thought. Rather, they represent two antithetical orientations toward power, liberty, and republicanism. The altercation over the necessity of the Second Founding generated coherent and self-contained philosophies that would become the core of American political thought, reproduced and transmitted across two centuries, whether the victors were the neo-Federalists (such as during the Civil War and the New Deal) or the neo-Anti-Federalists (such as during the Jacksonian era and the Reagan Revolution). The Second Founding -- the sole "founding" that we generally speak of -- would become a template for the unique, prototypically American species of politics and political debate. Because of it, American political development occurs only after the political entrepreneurs of each generation lock horns in a Lovers' Quarrel about the principles of one of the Two Foundings, and succeed in justifying and forging a durable expansion or contraction of federal authority.

Symposium

Author: University of California, Los Angeles. School of Law
Publisher:
ISBN:
Size: 18.60 MB
Format: PDF
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