Out of Range: Why the Constitution Can't End the Battle over Guns

Sampul Depan
Oxford University Press, 5 Sep 2007 - 176 halaman
Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

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Out of range: why the Constitution can't end the battle over guns

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In the latest in Oxford's "Inalienable Rights" series, Tushnet (William Nelson Cromwell Professor of Law, Harvard Law Sch.;A Court Divided: The Rehnquist Court and the Future of Constitutional Law ... Baca ulasan lengkap

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The Standard Model and the Original Understanding
1
The Standard Model and Developments Since 1791
29
The Traditional Interpretation
47
Gun Control and Public Policy
73
Conclusion
127
Notes
137
Index
151
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Halaman 23 - That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free State; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Halaman 37 - That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twentyfour cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of...
Halaman 16 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.
Halaman 61 - In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and 'bear such an instrument.
Halaman 24 - That the people have a right to bear arms for the defence of themselves, and the state; and as standing armies in time of peace, are dangerous to liberty, they ought not to be kept up: and that the military should be kept under strict subordination to.
Halaman 36 - The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
Halaman 18 - 2. c. 2., and it is indeed a public allowance under due restrictions, of the natural right of resistance and selfpreservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
Halaman 16 - By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law; 6. By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law; 7.
Halaman 9 - The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this Commonwealth.
Halaman 23 - And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in exact subordination to the civil authority, and be governed by it.

Tentang pengarang (2007)

Mark V. Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. A former fellow of the John Simon Guggenheim Memorial Foundation, the Woodrow Wilson International Center for Scholars, and the Rockefeller Humanities Program, he has authored eighteen books, including the most widely used casebook on constitutional law, a two-volume biography of Thurgood Marshall, and A Court Divided: The Rehnquist Court and the Future of Constitutional Law.

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