Gunfight: The Battle Over the Right to Bear Arms in America

Author: Adam Winkler

Publisher: W. W. Norton & Company

ISBN: 0393082296

Category: History

Page: 361

View: 2053

A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
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Gunfight: The Battle Over the Right to Bear Arms in America

Author: Adam Winkler

Publisher: W. W. Norton & Company

ISBN: 0393077411

Category: History

Page: 361

View: 5026

Adam Winkler's groundbreaking new work chronicles the story of America's political battles over gun control, and how, like abortion and health care, the heated gun controversy illustrates the increasing political divide between liberals and conservatives, between the concerns of urban residents and the cries of rural activists. Using the Supreme Court's landmark case, District of Columbia v. Heller - in which the 2008 ruling invalidated a law banning handguns in the nation's capital - as a launching pad, Winkler, a prominent law professor and Daily Beast columnist, models his overarching narrative after Anthony Lewis's classic Gideon's Trumpet. Winkler demonstrates that the Supreme Court case proved to be a Pyrrhic victory for the plaintiff, Alan Gura, for while he was successful in challenging the D. C. handgun prohibition, the gun lobbyists lost a bigger struggle: their war to end gun control in America. Shuttling back and forth in history - examining post-Civil War prohibitions against blacks owning guns, FDR's first attempt to impose gun control legislation, or Ronald Reagan's (a Republican!) advocacy of gun control - Winkler reveals that guns have increasingly become the Rosetta Stone of American politics, and that no single issue reveals more about how America has tilted towards the right in the last 50 years. This potentially prize-winning work by an uncommonly gifted legal scholar, ultimately explores the political, social, and legal issues that have so fiercely divided a nation.
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Gunfight: The Battle Over the Right to Bear Arms in America

Author: Adam Winkler

Publisher: W. W. Norton & Company

ISBN: 9780393345834

Category: History

Page: 384

View: 5010

"Author Adam Winkler, a professor of Constitutional law, uses the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's Capitol, as a springboard for a historical narrative of America's four-centuries-long political battle over gun control and the right to bear arms. From the Founding Fathers and the Second Amendment to the origins of the Ku Klux Klan, ironically as a gun control organization, the debate over guns has always generated controversy. Whether examining the Black Panthers' role in provoking the modern gun rights movement or Ronald Reagan's efforts to curtail gun ownership, Winkler weaves together the dramatic stories of gun rights advocates and gun control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation"--Provided by publisher.
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A Well-Regulated Militia

The Founding Fathers and the Origins of Gun Control in America

Author: Saul Cornell

Publisher: Oxford University Press

ISBN: 0195341031

Category: History

Page: 270

View: 7043

A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.
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We the Corporations: How American Businesses Won Their Civil Rights

Author: Adam Winkler

Publisher: Liveright Publishing

ISBN: 0871403846

Category: Law

Page: 384

View: 2311

We the Corporations chronicles the revelatory story of one of the most successful, yet least known, “civil rights movements” in American history. We the Corporations chronicles the astonishing story of one of the most successful yet least well-known “civil rights movements” in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people. Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since, corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights. Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses. Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement. In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
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The Second Amendment

A Biography

Author: Michael Waldman

Publisher: Simon and Schuster

ISBN: 1476747458

Category: History

Page: 272

View: 9214

At a time of renewed debate over guns in America, what does the Second Amendment mean? 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 20th century, with Prohibition and gangsterism, the first federal control laws were passed. On all four occasions, 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. 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.
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Gun Control on Trial

Inside the Supreme Court Battle Over the Second Amendment

Author: Brian Doherty

Publisher: Cato Institute

ISBN: 193399598X

Category: Political Science

Page: 126

View: 2718

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.
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Living with Guns

A Liberal's Case for the Second Amendment

Author: Craig Whitney

Publisher: PublicAffairs

ISBN: 1610391705

Category: Political Science

Page: 304

View: 7230

Newtown. Columbine. Virginia Tech. Tucson. Aurora. Gun violence on a massive scale has become a plague in our society, yet politicians seem more afraid of having a serious conversation about guns than they are of the next horrific shooting. Any attempt to change the status quo, whether to strengthen gun regulations or weaken them, is sure to degenerate into a hysteria that changes nothing. Our attitudes toward guns are utterly polarized, leaving basic questions unasked: How can we reconcile the individual right to own and use firearms with the right to be safe from gun violence? Is keeping guns out of the hands of as many law-abiding Americans as possible really the best way to keep them out of the hands of criminals? And do 30,000 of us really have to die by gunfire every year as the price of a freedom protected by the Constitution? In Living with Guns, Craig R. Whitney, former foreign correspondent and editor at the New York Times, seeks out answers. He re-examines why the right to bear arms was enshrined in the Bill of Rights, and how it came to be misunderstood. He looks to colonial times, surveying the degree to which guns were a part of everyday life. Finally, blending history and reportage, Whitney explores how twentieth-century turmoil and culture war led to today's climate of activism, partisanship, and stalemate, in a nation that contains an estimated 300 million guns––and probably at least 60 million gun owners. In the end, Whitney proposes a new way forward through our gun rights stalemate, showing how we can live with guns––and why, with so many of them around, we have no other choice.
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The Truth About Gun Control

Author: David B Kopel

Publisher: Encounter Books

ISBN: 1594037132

Category: History

Page: 999

View: 8008

Who is sovereign in the United States? Is it the people themselves, or is it an elite determined to rule citizens who are seen as incapable of making choices about their own lives? This is the central question in the American gun-control debate. In this Broadside, David Kopel explains why the right to keep and bear arms has always been central to the American identity – and why Americans have always resisted gun control. The American Revolution was sparked by British attempts to confiscate guns. After the Civil War, the U.S. changed the Constitution to defeat the nation’s first gun-control organization, the Ku Klux Klan. When Hitler and Stalin demonstrated how gun registration paves the way for gun confiscation, which paves the way for genocide, Americans resolved to make sure it never happens here. Gun control is not an issue of left vs. right or urban vs. rural. The right to bear arms is crucial to prevent large-scale tyranny by criminal governments and small-scale tyranny by ordinary criminals – and to protect our Constitution.
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The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent

Author: H. Richard Uviller,William G. Merkel

Publisher: Duke University Press

ISBN: 9780822330172

Category: Law

Page: 338

View: 995

DIVProvides a historically grounded examination of the original meaning of the 2nd Amendment and an interpretation of the rights it safeguards (or doesn't) in the light of that historical understanding./div
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Armed in America

A History of Gun Rights from Colonial Militias to Concealed Carry

Author: Patrick J. Charles

Publisher: Prometheus Books

ISBN: 1633883132

Category: History

Page: 555

View: 6273

This accessible legal history describes how the Second Amendment has been interpreted throughout most of American history and shows that today's gun-rights advocates have drastically departed from the long-held interpretation of the constitutional 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. 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 will find this book to be an invaluable resource.
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The Founders' Second Amendment

Origins of the Right to Bear Arms

Author: Stephen P. Halbrook

Publisher: Ivan R. Dee

ISBN: 1615780149

Category: History

Page: 448

View: 5564

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.
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The Gunning of America

Business and the Making of American Gun Culture

Author: Pamela Haag

Publisher: N.A

ISBN: 0465048951

Category: History

Page: 528

View: 6511

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The Last Gun

How Changes in the Gun Industry Are Killing Americans and What It Will Take to Stop It

Author: Tom Diaz

Publisher: New Press, The

ISBN: 1595588418

Category: Social Science

Page: 224

View: 2818

Newtown, Connecticut. Aurora, Colorado. Both have entered our collective memory as sites of unimaginable heartbreak and mass slaughter perpetrated by lone gunmen. Meanwhile, cities such as Chicago and Washington, D.C., are dealing with the painful, everyday reality of record rates of gun-related deaths. By any account, gun violence in the United States has reached epidemic proportions. A widely respected activist and policy analyst—as well as a former gun enthusiast and an ex-member of the National Rifle Association—Tom Diaz presents a chilling, up-to-date survey of the changed landscape of gun manufacturing and marketing. The Last Gun explores how the gun industry and the nature of gun violence have changed, including the disturbing rise in military-grade gun models. But Diaz also argues that the once formidable gun lobby has become a "paper tiger," marshaling a range of evidence and case studies to make the case that now is the time for a renewed political effort to attack gun violence at its source—the guns themselves. In the aftermath of Newtown, a challenging national conversation lies ahead. The Last Gun is an indispensable guide to this debate, and essential reading for anyone who wants to understand how we can finally rid America’s streets, schools, and homes of gun violence and prevent future Newtowns.
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Better Off Without 'Em

A Northern Manifesto for Southern Secession

Author: Chuck Thompson

Publisher: Simon and Schuster

ISBN: 145161666X

Category: Political Science

Page: 312

View: 4237

Describes the author's road trip investigation into the cultural divide of the United States during which he met possum-hunting conservatives and prayer warriors before concluding that both sides might benefit if the South seceded.
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The Gun Debate

What Everyone Needs to Know?

Author: Philip J. Cook,Kristin A. Goss

Publisher: Oxford University Press

ISBN: 0199339015

Category: History

Page: 256

View: 6845

No topic is more polarizing than guns and gun control. From a gun culture that took root early in American history to the mass shootings that repeatedly bring the public discussion of gun control to a fever pitch, the topic has preoccupied citizens, public officials, and special interest groups for decades. The Gun Debate: What Everyone Needs to Know? delves into the issues that Americans debate when they talk about guns. With a balanced and broad-ranging approach, noted economist Philip J. Cook and political scientist Kristin A. Goss thoroughly cover the latest research, data, and developments on gun ownership, gun violence, the firearms industry, and the regulation of firearms. The authors also tackle sensitive issues such as the effectiveness of gun control, the connection between mental illness and violent crime, the question of whether more guns make us safer, and ways that video games and the media might contribute to gun violence. No discussion of guns in the U.S. would be complete without consideration of the history, culture, and politics that drive the passion behind the debate. Cook and Goss deftly explore the origins of the American gun culture and the makeup of both the gun rights and gun control movements. Written in question-and-answer format, the book will help readers make sense of the ideologically driven statistics and slogans that characterize our national conversation on firearms. This book is a must-read for anyone interested in getting a clear view of the issues surrounding guns and gun policy in America. What Everyone Needs to Know? is a registered trademark of Oxford University Press.
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Saving the Bill of Rights

Exposing the Left's Campaign to Destroy American Exceptionalism

Author: Frank Miniter

Publisher: Simon and Schuster

ISBN: 1596982071

Category: Political Science

Page: 256

View: 5927

For most of us, the Bill of Rights is sacred. It enshrines, defines, and protects the liberties we take for granted as Americans. But almost unnoticed, a dedicated minority of special interests is chipping away at the Bill of Rights to the point that, while the words might remain in the Constitution, the rights themselves will be lost. Frank Miniter, New York Times bestselling author of The Ultimate Man’s Survival Guide, has seen firsthand—and exposed as a journalist—the relentless assaults that are stripping away our Second Amendment rights. Now he reports on the broad, radical offensive that targets not just our right to bear arms, but all our rights, including the First Amendment’s guarantee of free speech and religion.
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The Politics of Gun Control

Author: Robert J. Spitzer

Publisher: Routledge

ISBN: 1351364049

Category: Political Science

Page: 268

View: 9135

The new edition of this classic text covers the latest developments in American gun policy, including shooting incidents plaguing the American landscape--especially the Orlando nightclub shootings, the San Bernardino incident, and the ongoing legacy of Sandy Hook--placing them in context with similar recent events. The incidents described in the book sparked a wave of gun control legislation at local, state, and national levels, some of which was successful, some doomed and all controversial. Robert J. Spitzer has long been a recognized authority on gun control and gun policy. His even-handed treatment of the issue--as both a member of the NRA and the Brady Center--continues to compel national and international interest, including interviews by the likes of Terry Gross, Tom Ashbrook and Diane Rehm. The seventh edition of The Politics of Gun Control provides the reader with up-to-date data and coverage of gun ownership, gun deaths, school shootings, border patrols and new topics including social media, stand-your-ground laws, magazine regulation, and shooting-related mental health initiatives. New to the Seventh Edition Reports on the pivotal 2016 elections, including the rise and victory of one-time gun control supporter-turned gun rights advocate Donald Trump. The latest data on gun ownership and use, revealing contradictory trends. New developments in the push to allow civilian gun carrying on college campuses, the controversy over so-called "gun-free zones," and a new examination of restrictions imposed on the Centers for Disease Control.
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The Second Amendment Primer

A Citizen's Guidebook to the History, Sources, and Authorities for the Constitutional Guarantee of the Right to Keep and Bear Arms

Author: Les Adams

Publisher: Skyhorse Publishing Inc.

ISBN: 1620876272

Category: Law

Page: 353

View: 3950

Explains the history, development, and modern interpretation of the freedoms offered in the Second Amendment, guaranteeing the rights of citizens to bear arms.
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Guns in America

A Historical Reader

Author: Jan E. Dizard,Robert Muth,Stephen P. Andrews

Publisher: NYU Press

ISBN: 0814718787

Category: History

Page: 517

View: 398

Should you own a gun? -- Americans losing trust in each other and institutions -- Arms and the woman : a feminist reappraisal -- Guns are the tools by which we forge our liberty -- Gun control in American : a history of discimination against the poor and minorities -- Talk at Temple Beth Shir Shalom : Friday, April 30, 1993 -- Apocalypse now? -- They've had enough -- Author's call to arms gets answer -- The anti-enviro connection -- America's only realistic option : promoting responsible gun ownership -- What are the alternative? -- Lawsuit aims at gun industry -- Crime fighting's about-face -- Second thoughts on the Second Amendment -- Ten essential observations on guns in America.
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