Out of Range: Why the Constitution Can't End the Battle over GunsOxford 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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Halaman iv
... Congress Cataloging-in-Publication Data Tushnet, Mark V., 1945– Out of range : why the Constitution can't end the battle over guns / Mark V. Tushnet. p. cm.—(Inalienable rights series ; bk. 3) Includes bibliographical references. ISBN ...
... Congress Cataloging-in-Publication Data Tushnet, Mark V., 1945– Out of range : why the Constitution can't end the battle over guns / Mark V. Tushnet. p. cm.—(Inalienable rights series ; bk. 3) Includes bibliographical references. ISBN ...
Halaman xvii
... Congress to help finance 100,000 more police officers. The same Congress, though, devoted a lot of effort to enacting the Brady Bill, requiring background checks on gun purchasers. Gunrights proponents hated the Brady Bill, and their ...
... Congress to help finance 100,000 more police officers. The same Congress, though, devoted a lot of effort to enacting the Brady Bill, requiring background checks on gun purchasers. Gunrights proponents hated the Brady Bill, and their ...
Halaman 2
... Texts alone almost never resolve constitutional controversies. Nobody who thinks seriously about the Constitution thinks that the First Amendment's statement that ''Congress shall make no law... abridging the [2] out of range.
... Texts alone almost never resolve constitutional controversies. Nobody who thinks seriously about the Constitution thinks that the First Amendment's statement that ''Congress shall make no law... abridging the [2] out of range.
Halaman 3
... Congress shall make no law... abridging the freedom of speech'' in itself tells us that Congress has no power to regulate the distribution of pornography over the Internet. We have to do some additional work of interpretation to figure ...
... Congress shall make no law... abridging the freedom of speech'' in itself tells us that Congress has no power to regulate the distribution of pornography over the Internet. We have to do some additional work of interpretation to figure ...
Halaman 8
... Congress the power ''to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.'' Do these preambles limit the scope of ...
... Congress the power ''to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.'' Do these preambles limit the scope of ...
Isi
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 |
Edisi yang lain - Lihat semua
Out of Range: Why the Constitution Can't End the Battle over Guns Mark V. Tushnet Pratinjau terbatas - 2007 |
Out of Range: Why the Constitution Can't End the Battle Over Guns Mark V. Tushnet Pratinjau terbatas - 2007 |
Istilah dan frasa umum
adopted Amendment’s preamble American argued argument bear arms Bill of Rights carrying concealed weapons citizen-militia citizens collective-rights view committee confiscation Congress crime and violence crime rates criminals cultural theory culture wars decision defensive gun effects Emerson enforce ernment federal Firearms and Violence Fourteenth Amendment gun owners gun ownership gun policy gun violence gun-control proponents gun-rights advocates gun-rights proponents handgun individual right individual-rights view issue Jens Ludwig John John Kerry Judge Justice Kahan keep and bear Law Review less crime licensing test limit Lott ment national government Natty Bumppo oppressive government original understanding originalist percent political possession prohibit Project Exile reason reduce gun violence reference regulated militia rifles right to bear right to keep safe-storage laws Second Amendment Second Amendment’s meaning self-defense shooting Standard Model standing armies state-organized militias statistical Supreme Court survey there’s tion violated Virginia visited June
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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.