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Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 0195304241
Category : Law
Languages : en
Pages : 177
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Book Description
The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation."--BOOK JACKET.
Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 0195304241
Category : Law
Languages : en
Pages : 177
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Book Description
The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation."--BOOK JACKET.
Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
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Book Description
Author: Firmin DeBrabander
Publisher: Yale University Press
ISBN: 0300208936
Category : Political Science
Languages : en
Pages : 297
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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: Mary Anne Franks
Publisher: Stanford University Press
ISBN: 1503609103
Category : Political Science
Languages : en
Pages : 310
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Book Description
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Author: Thom Hartmann
Publisher: Berrett-Koehler Publishers
ISBN: 1523086009
Category : History
Languages : en
Pages : 193
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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: Ian Ayres
Publisher: Harvard University Press
ISBN: 0674241096
Category : Law
Languages : en
Pages : 257
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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 firearms 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: Michael A. Bellesiles
Publisher:
ISBN: 9781565846999
Category : Law
Languages : en
Pages : 358
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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: Joseph Blocher
Publisher: Cambridge University Press
ISBN: 1107158699
Category : Law
Languages : en
Pages : 217
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Book Description
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Author: Carol Anderson
Publisher: Bloomsbury Publishing USA
ISBN: 1635574269
Category : Political Science
Languages : en
Pages : 305
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Book Description
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.
Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199712441
Category : History
Languages : en
Pages : 289
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Book Description
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.
