To Keep and Bear Arms

Author: Joyce Lee Malcolm
Publisher: Harvard University Press
ISBN: 0674893077
Release Date: 1996
Genre: History

Joyce Malcolm illuminates the historical facts underlying the current passionate debate in America about gun-related violence, the Brady Bill, and the National Rifle Association, revealing the original meaning and intentions behind the individual right to "bear arms."

Guns and Violence

Author: Joyce Lee Malcolm
Publisher: Harvard University Press
ISBN: 0674040473
Release Date: 2009-06-01
Genre: Law

Behind the passionate debate over gun control and armed crime lurk assumptions about the link between guns and violence. Indeed, the belief that more guns in private hands means higher rates of armed crime underlies most modern gun control legislation. But are these assumptions valid? Investigating the complex and controversial issue of the real relationship between guns and violence, Joyce Lee Malcolm presents an incisive, thoroughly researched historical study of England, whose strict gun laws and low rates of violent crime are often cited as proof that gun control works. To place the private ownership of guns in context, Malcolm offers a wide-ranging examination of English society from the Middle Ages to the late twentieth century, analyzing changing attitudes toward crime and punishment, the impact of war, economic shifts, and contrasting legal codes on violence. She looks at the level of armed crime in England before its modern restrictive gun legislation, the limitations that gun laws have imposed, and whether those measures have succeeded in reducing the rate of armed crime. Malcolm also offers a revealing comparison of the experience in England experience with that in the modern United States. Today Americans own some 200 million guns and have seen eight consecutive years of declining violence, while the English--prohibited from carrying weapons and limited in their right to self-defense have suffered a dramatic increase in rates of violent crime. This timely and thought-provoking book takes a crucial step in illuminating the actual relationship between guns and violence in modern society.

Guns in American Society

Author: Gregg Lee Carter
Publisher: ABC-CLIO
ISBN: 9781576072684
Release Date: 2002
Genre: History

Alphabetally arranged entries look at the controversies surrounding guns, gun control, and gun violence in the United States.

Historicism Originalism and the Constitution

Author: Patrick J. Charles
Publisher: McFarland
ISBN: 9781476615158
Release Date: 2014-04-22
Genre: History

The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.

The Militia and the Right to Arms or How the Second Amendment Fell Silent

Author: H. Richard Uviller
Publisher: Duke University Press
ISBN: 9780822384274
Release Date: 2002-12-30
Genre: Political Science

"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.

Ideas with Consequences

Author: Amanda Hollis-Brusky
Publisher: Oxford University Press, USA
ISBN: 9780199385522
Release Date: 2015
Genre: Political Science

"There are few intellectual movements in American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization has now become the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It can claim 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky, an expert on conservative legal movements, provides the first ever comprehensive documentation of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she presents a series of important legal questions and explains how the Federalist Society managed to revolutionize the jurisprudence for each one. Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level. With unparalleled research and analysis of some of the hottest political and judicial issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever"--

The Founders Second Amendment

Author: Stephen P. Halbrook
Publisher: Ivan R. Dee
ISBN: 9781615780143
Release Date: 2008-04-18
Genre: History

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.

The Constitution of the United States of America

Author: United States
Publisher: Government Printing Office
ISBN: 0160723795
Release Date: 2004
Genre: Business & Economics

Updated edition- Year 2014-- The Constitution of the United States of America, Analysis and Interpretation 2014 Supplement: Analysis of Cases Decided by the Supreme Court to July 1, 2014 is available here: https://bookstore.gpo.gov/products/sku/052-071-01574-4 Senate Document 108-17. 2004 revision. Published at the direction of the U.S. Senate for the first time in 1913, it is popularly known as the “Constitution Annotated” or "CONAN." This publication has been published as a bound edition every 10 years, with updates addressing new constitutional law cases issued every two years. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. The print version is used primarily by federal lawmakers, libraries and law firms. Other related products: Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States, One Hundred Fourteenth Congress can be found here: https://bookstore.gpo.gov/products/sku/052-071-01572-8 Civics and Citizenship Toolkit can be found here: https://bookstore.gpo.gov/products/sku/027-002-00575-9 The Citizen's Almanac: Fundamental Documents, Symbols, and Anthems of the United States can be found here: https://bookstore.gpo.gov/products/sku/027-002-00606-2 How Our Laws Are Made, 2007 can be found here: https://bookstore.gpo.gov/products/sku/052-071-01465-9 Our Flag can be found here: https://bookstore.gpo.gov/products/sku/052-071-01446-2

From Pathology to Politics

Author: James T. Bennett
Publisher: Transaction Publishers
ISBN: 0765800233
Release Date: 2000
Genre: Political Science

Barely a day goes by without news of the latest public health threat from the American media. Some of us are told we live in a "cancer cluster"-an area with a disproportionate number of cancer deaths. During the summer months, those who live in or near urban areas are bombarded with daily smog measurements and air pollution alerts. City water supplies are frequently called health hazards. At times, it seems as though virtually everything we eat and drink is denounced as bad for us by some "public health expert." Our cars burn too much gasoline; we own too many firearms; we are too fat; some of us are too skinny. Americans today are living longer than they ever have before. Why the almost daily announcements of new public health threats and proclamations of impending crises? Bennett and DiLorenzo address this question and others here. They begin by examining the large public health bureaucracy, its preoccupation with expanding governmental programs, and its concern with political issues that too often have little to do with improving public health. Then they trace the evolution of the American public health movement from its founding after the Civil War to the 1950s. They describe the transformation of public health's focus from the eradication of disease to social policy as a by-product of the 1960s. Bennett and DiLorenzo catalogue the "radicalization" of the public health movement by discussing its numerous political initiatives. They include case studies of the politicization of the public health movement in America. The authors reveal various methods of statistical manipulation that certain public health researchers use to "cook the data" in order to achieve politically correct results. A final chapter discusses the implications of the transformation of public health from pathology to politics. This vigorously argued analysis sees the public health movement as claiming expertise on virtually every social issue, from poverty to human rights. Students of public policy and public health officials, along with readers interested in public health issues, will find this absorbing reading.

The Constitution of the United States of America Analysis and Interpretation Centennial Edition Analysis of Cases Decided by the Supreme Court of the United States to June 28 2012

Author: United States
Publisher: Government Printing Office
ISBN: 0160917352
Release Date: 2013
Genre: Political Science

Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.

Gun Control in the United States

Author: Gregg Lee Carter
Publisher: ABC-CLIO
ISBN: 9781851097609
Release Date: 2006-01-01
Genre: Political Science

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

Shooters

Author: Abigail A. Kohn
Publisher: Oxford University Press
ISBN: 9780190207700
Release Date: 2004-06-10
Genre: Social Science

Frequenting gun shops and shooting ranges, and devoting particular attention to those whose interest in weaponry extends beyond the casual, Abigail A. Kohn captures in finegrained and often entertaining, yet always humane, detail how gun owners actually think and feel about their guns. Through her conversations--with cowboy action shooters at a regional match, sport shooters, hunters, with shooters of all ages and races--we hear of the "savage beauty" of a beautifully crafted long gun, of the powerful historical import owners attach to their guns, of the sense of empowerment that comes with shooting skill, and the visceral thrill of discharging a dangerous weapon. Cutting through the cliches that link gun ownership with violent, criminal subcultures and portray shooters as "gun nuts" or potential terrorists, Kohn provides us with a lively and untainted portrait of American gun enthusiasts.

The Costs of War

Author: John V. Denson
Publisher: Transaction Publishers
ISBN: 9780765804877
Release Date: 1999
Genre: Technology & Engineering

The greatest accomplishment of Western civilization is arguably the achievement of individual liberty through limits on the power of the state. In the war-torn twentieth century, we rarely hear that one of the main costs of armed conflict is long-term loss of liberty to winners and losers alike. Beyond the obvious and direct costs of dead and wounded soldiers, there is the lifetime struggle of veterans to live with their nightmares and their injuries; the hidden economic costs of inflation, debts, and taxes; and more generally the damages caused to our culture, our morality, and to civilization at large. The new edition is now available in paperback, with a number of new essays. It represents a large-scale collective effort to pierce the veils of myth and propaganda to reveal the true costs of war, above all, the cost to liberty. Central to this volume are the views of Ludwig von Mises on war and foreign policy. Mises argued that war, along with colonialism and imperialism, is the greatest enemy of freedom and prosperity, and that peace throughout the world cannot be achieved until the central governments of the major nations become limited in scope and power. In the spirit of these theorems by Mises, the contributors to this volume consider the costs of war generally and assess specific corrosive effects of major American wars since the Revolution. The first section includes chapters on the theoretical and institutional dimensions of the relationship between war and society, including conscription, infringements on freedom, the military as an engine of social change, war and literature, and the right of citizens to bear arms. The second group includes reconsiderations of Lincoln and Churchill, an analysis of the anti-interventionist idea in American politics, a discussion of the meaning of the "just war," an assessment of how World War I changed the course of Western civilization, and finally two eyewitness accounts of the true horrors of actual combat by veterans of World War II. The Costs of War is unique in its combination of historical scope and timeliness for current debates about foreign policy and military intervention. It will be of interest to historians, political scientists, economists, and sociologists.

The Second Amendment

Author: Michael Waldman
Publisher: Simon and Schuster
ISBN: 9781476747460
Release Date: 2014-05-20
Genre: History

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.

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: 9780313386718
Release Date: 2012-05-04
Genre: History

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