The Second Amendment

Author: Patrick J. Charles
Publisher: McFarland
ISBN: 0786452730
Format: PDF, ePub, Mobi
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“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.” Legal historians, analysts, judges and commentators have long disagreed about the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service. This book examines the contentions of both groups and concludes that the amendment is meant only to protect the right of an individual to “keep and bear arms” for the purpose of defending the country in a militia force against standing foreign or domestic armies. In crafting his argument, the author examines the Second Amendment in exacting detail. On June 28, 2010, the book was cited by Associate Supreme Court Justice Stephen Breyer in a dissenting opinion for the landmark case McDonald v. City of Chicago.

Guns in American Society An Encyclopedia of History Politics Culture and the Law 2nd Edition 3 volumes

Author: Gregg Lee Carter
Publisher: ABC-CLIO
ISBN: 0313386714
Format: PDF, ePub, Docs
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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

The Second Amendment in the 21st Century

Author: John J. Fendrock
Publisher: Xlibris Corporation
ISBN: 1483610373
Format: PDF, Kindle
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An objective analysis of the relevance of the 2nd Amendment and its impact, in the form of gun- violence, on life in contemporary American society. This is followed with a program for closing the door on such violence today and in the future, .1eading to the ideals envisioned by the Founding Fathers. Gun violence in America casts a dark shadow over the glowing ideals of America, the land of-life, liberty and the pursuit of happiness.

Armed in America

Author: Patrick J. Charles
Publisher: Prometheus Books
ISBN: 1633885658
Format: PDF
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This accessible legal history describes the way in which the Second Amendment was interpreted throughout most of American history and shows that today's gun-rights advocates have drastically departed from the long-held interpretation of the right to bear arms. This illuminating study traces the transformation of the right to arms from its inception in English and colonial American law to today's impassioned gun-control debate. As historian and legal scholar Patrick J. Charles shows, what the right to arms means to Americans, as well as what it legally protects, has changed drastically since its first appearance in the 1689 Declaration of Rights. Armed in America explores how and why the right to arms transformed at different points in history. The right was initially meant to serve as a parliamentary right of resistance, yet by the ratification of the Second Amendment in 1791 the right had become indispensably intertwined with civic republicanism. As the United States progressed into the 19th century the right continued to change--this time away from civic republicanism and towards the individual-right understanding that is known today, albeit with the important caveat that the right could be severely restricted by the government's police power. Throughout the 20th century this understanding of the right remained the predominant view. But working behind the scenes was the beginnings of the gun-rights movement--a movement that was started in the early 20th century through the collective efforts of sporting magazine editors and was eventually commandeered by the National Rifle Association to become the gun-rights movement known today. Now with a new preface that brings the fraught gun-rights controversy up to date, this book is an invaluable resource for readers looking to sort through the shrill rhetoric surrounding the current gun debate and arrive at an informed understanding of the legal and historical development of the right to arms.

Firearms Law and the Second Amendment

Author: Nicholas J. Johnson
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892668
Format: PDF, Docs
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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.

The Conservative Revolution of Antonin Scalia

Author: David A Schultz
Publisher: Rowman & Littlefield
ISBN: 1498564496
Format: PDF, ePub
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This collection is a comprehensive and thorough assessment of the impact and legacy that Justice Antonin Scalia had on the Supreme Court. Chapters are written by leading legal and political science scholars of the Supreme Court and examine the lasting legacy of one of the most controversial Supreme Court Justices in American history.

Das Erlebnis Und Die Dichtung Lessing Goethe Novalis H lderlin

Author: Wilhelm Dilthey
Publisher: Wentworth Press
ISBN: 9780270442502
Format: PDF, Mobi
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Second Amendment and the American Gun

Author: Jim Fleming
Publisher: BookBaby
ISBN: 1483575144
Format: PDF, Docs
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“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.” (The Second Amendment to the United States Constitution Adopted on December 15, 1791, along with the remaining nine amendments comprising the Bill of Rights.) What does the language mean? Where did it come from? How should it be interpreted? Does it create a right of average citizens to own and possess firearms? Can a government, intent upon subjugating the people, strip the right away? What is the “militia”? Does it still exist? Must we be members of such a militia in order to protect our ability to arm ourselves for personal protection? How does the Second Amendment of the U.S. Constitution relate to American gun rights? The Second Amendment and the American Gun – A Right Under Siege” is a book written by a lawyer, but written specifically for the average American citizen, not schooled in the law, or a Constitutional scholar. It explains the history of the Second Amendment and its surprising origin. It introduces the reader to people he or she has likely never heard of who figure so prominently in the amendments evolution and history, as well as the history of this country. It summarizes the case law that has evolved around the Second Amendment, including a very early opinion issued by the Unites States Supreme Court that holds that the Second Amendment does not create the right of average law-abiding citizens to own and posses firearms, but merely protects a pre-existing right to do so. Whether you value the Second Amendment, or believe that it is no longer necessary in our modern world, you need to read this book. The Founders of our nation reach out to you with their words, explaining their thoughts, their beliefs and their reasons for creating the Amendment in the first place. At this time in our nation’s history, an understanding of the history and evolution of this Amendment is needed as never before.

The Second Amendment

Author: Michael Waldman
Publisher: Simon and Schuster
ISBN: 1476747466
Format: PDF, Kindle
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Widely acclaimed at the time of its publication, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldman’s book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men—who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the twentieth century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun. The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.