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Author: Mark V. Tushnet Publisher: Oxford University Press ISBN: 019981371X Category : Law Languages : en Pages : 178
Book Description
Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.
Author: Mark V. Tushnet Publisher: Oxford University Press ISBN: 019981371X Category : Law Languages : en Pages : 178
Book Description
Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.
Author: Michael A. Bellesiles Publisher: ISBN: 9781565846999 Category : Law Languages : en Pages : 358
Book Description
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.
Author: Kevin L. Yuill Publisher: ISBN: 9781138706286 Category : Firearms Languages : en Pages : 0
Book Description
This book situates discussion about gun controls within contemporary debates about culture, philosophy and foreign policy as well as the more familiar terrain of politics and history. Containing a diverse range of balanced perspectives, it asks about the morality of gun controls and of not imposing them.
Author: Brian Doherty Publisher: Cato Institute ISBN: 193399598X Category : Political Science Languages : en Pages : 170
Book Description
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: Fredrick E. Ayres Publisher: Harvard University Press ISBN: 0674241096 Category : Law Languages : en Pages : 257
Book Description
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: Firmin DeBrabander Publisher: Yale University Press ISBN: 0300208936 Category : Political Science Languages : en Pages : 297
Book Description
Possibly the most emotionally charged debate taking place in the United States today centers on the Second Amendment of the Constitution and the rights of citizens to bear arms. In the wake of the Sandy Hook school massacre in Connecticut, the gun rights movement headed by the National Rifle Association appears more intractable than ever in its fight against gun control laws. The core argument of Second Amendment advocates is that the proliferation of firearms is essential to maintaining freedom in America, providing private citizens with a defense against possible government tyranny, and safeguarding all our other rights. But is this argument valid? Do guns indeed make us free? Firmin DeBrabrander examines claims offered in favor of unchecked gun ownership in this insightful and eye-opening analysis, the first philosophical examination of every aspect of a contentious, uniquely American debate. By exposing the contradictions and misinterpretations prevalent in the case presented by gun rights supporters, this provocative volume concludes that an armed society is not a free society but one that ultimately discourages and, in fact, actively hinders democratic participation.
Author: Joseph Blocher Publisher: Cambridge University Press ISBN: 1107158699 Category : Law Languages : en Pages : 217
Book Description
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Author: Stephen P. Halbrook Publisher: UNM Press ISBN: 0826352995 Category : Law Languages : en Pages : 336
Book Description
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today’s controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook’s study remains the most comprehensive general work on the right to keep and bear arms.
Author: Thom Hartmann Publisher: Berrett-Koehler Publishers ISBN: 1523086009 Category : History Languages : en Pages : 193
Book Description
“In this precise primer on firearms practices and policies, progressive talk-show host Hartmann examines the history of routine gun usage and extreme gun violence and assesses the influence of gun ownership on contemporary political, economic, and social norms…A brief but powerful analysis of a searing national crisis.” —Booklist Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, looks at the real history of guns in America and what we can do to limit both their lethal impact and the power of the gun lobby. Taking his typically in-depth, historically informed view, Hartmann examines the brutal role guns have played in American history, from the genocide of the Native Americans to the enforcement of slavery (Slave Patrols are in fact the Second Amendment's “well-regulated militias”) and the racist post–Civil War social order. He shows how the NRA and conservative Supreme Court justices used specious logic to invent a virtually unlimited individual right to own guns, which has enabled the ever-growing number of mass shootings in the United States. But Hartmann also identifies a handful of powerful, commonsense solutions that would break the power of the gun lobby and restore the understanding of the Second Amendment that the Framers of the Constitution intended. This is the kind of brief, brilliant analysis for which Hartmann is justly renowned.
Author: Mark V. Tushnet
Author: United States
Author: Mark V. Tushnet
Author: Michael A. Bellesiles
Author: Kevin L. Yuill
Author: Brian Doherty
Author: Fredrick E. Ayres
Author: Firmin DeBrabander
Author: Joseph Blocher
Author: Stephen P. Halbrook
Author: Thom Hartmann