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District Of Columbia Et Al V Heller Supreme Court Establishes An Individual Right To Bear Arms Under The Second Amendment So Much For Gun Control
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Book Synopsis District of Columbia et al. v Heller: Supreme Court Establishes an Individual Right to Bear Arms: Under the Second Amendment; So Much for Gun Control by : W. Frederick Zimmerman
Download or read book District of Columbia et al. v Heller: Supreme Court Establishes an Individual Right to Bear Arms: Under the Second Amendment; So Much for Gun Control written by W. Frederick Zimmerman and published by Nimble Books LLC. This book was released on 2008 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Gun Control on Trial by : Brian Doherty
Download or read book Gun Control on Trial written by Brian Doherty and published by Cato Institute. This book was released on 2008-11-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Dirty Dozen written by Robert A. Levy and published by Cato Institute. This book was released on 2009-08-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.
Book Synopsis The Positive Second Amendment by : Joseph Blocher
Download or read book The Positive Second Amendment written by Joseph Blocher and published by Cambridge University Press. This book was released on 2018-09-13 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Book Synopsis The Making of a Justice by : Justice John Paul Stevens
Download or read book The Making of a Justice written by Justice John Paul Stevens and published by Little, Brown. This book was released on 2019-05-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: A "timely and hugely important" memoir of Justice John Paul Stevens's life on the Supreme Court (New York Times). When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.
Book Synopsis Quilici V. Village of Morton Grove by :
Download or read book Quilici V. Village of Morton Grove written by and published by . This book was released on 1982 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Armed Citizens written by Noah Shusterman and published by University of Virginia Press. This book was released on 2020-09-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive—and racist—domestic forces. In Armed Citizens, Noah Shusterman explains for a general reader what eighteenth-century militias were and why the authors of the Constitution believed them to be necessary to the security of a free state. Suggesting that the question was never whether there was a right to bear arms, but rather, who had the right to bear arms, Shusterman begins with the lessons that the founding generation took from the history of Ancient Rome and Machiavelli’s reinterpretation of those myths during the Renaissance. He then turns to the rise of France’s professional army during seventeenth-century Europe and the fear that it inspired in England. Shusterman shows how this fear led British writers to begin praising citizens’ militias, at the same time that colonial America had come to rely on those militias as a means of defense and as a system to police enslaved peoples. Thus the start of the Revolution allowed Americans to portray their struggle as a war of citizens against professional soldiers, leading the authors of the Constitution to place their trust in citizen soldiers and a "well-regulated militia," an idea that persists to this day.
Book Synopsis The Founders' Second Amendment by : Stephen P. Halbrook
Download or read book The Founders' Second Amendment written by Stephen P. Halbrook and published by Rowman & Littlefield. This book was released on 2019-01-15 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Militia and the Right to Arms, or, How the Second Amendment Fell Silent by : H. Richard Uviller
Download or read book The Militia and the Right to Arms, or, How the Second Amendment Fell Silent written by H. Richard Uviller and published by Duke University Press. This book was released on 2003-01-20 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis A Well-Regulated Militia by : Saul Cornell
Download or read book A Well-Regulated Militia written by Saul Cornell and published by Oxford University Press. This book was released on 2008-08-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The Right to Bear Arms by : Stephen P. Halbrook
Download or read book The Right to Bear Arms written by Stephen P. Halbrook and published by Bombardier Books. This book was released on 2021-05-03 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook’s scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution’s ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment’s right to bear and carry arms.
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis To Keep and Bear Arms by : Joyce Lee Malcolm
Download or read book To Keep and Bear Arms written by Joyce Lee Malcolm and published by Harvard University Press. This book was released on 1996 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The Mythic Meanings of the Second Amendment by : David C. Williams
Download or read book The Mythic Meanings of the Second Amendment written by David C. Williams and published by Yale University Press. This book was released on 2003-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Williams offers a new reading of the Second Amendment suggesting that it guarantees to individuals a right to arms only insofar as they are part of a united & consensual people so that their uprising can be a unified revolution rather than a civil war.
Book Synopsis Commentaries on the Constitution of the United States by : Joseph Story
Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1833 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Firearms Law and the Second Amendment by : Nicholas J. Johnson
Download or read book Firearms Law and the Second Amendment written by Nicholas J. Johnson and published by Aspen Publishing. This book was released on 2017-10-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court’s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred’s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. Key Benefits: Comprehensive coverage of all aspects of firearms law, from early English origins to present-day debates. Ideally suited for a dedicated law school course in firearms law and the Second Amendment. Supplemental materials on the website will provide a continuing research resource, tracking the most current developments in firearms law, regulation, and policy. Five online chapters on firearms and status, the philosophy of citizen arms bearing, international law, comparative law, and an in-depth explanation of firearm and ammunition functionality.
Book Synopsis The Original Meaning of the Fourteenth Amendment by : Randy E. Barnett
Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
