The Positive Second Amendment: Rights, Regulation, and the Future of Heller: Cambridge Studies on Civil Rights and Civil Liberties
Autor Joseph Blocher, Darrell A.H. Milleren Limba Engleză Paperback – 12 sep 2018
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Specificații
ISBN-13: 9781316611289
ISBN-10: 1316611280
Pagini: 212
Dimensiuni: 152 x 229 x 13 mm
Greutate: 0.31 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies on Civil Rights and Civil Liberties
Locul publicării:New York, United States
ISBN-10: 1316611280
Pagini: 212
Dimensiuni: 152 x 229 x 13 mm
Greutate: 0.31 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies on Civil Rights and Civil Liberties
Locul publicării:New York, United States
Cuprins
Introduction: the gun debate and the Constitution; 1. Gun rights and regulation in American history; 2. Militias, private purposes, and the road to Heller; 3. Understanding Heller; 4. Heller's aftermath: 'a vast Terra Incognita'; 5. The constitutional grammar of the Second Amendment; 6. What is the Second Amendment for?; 7. Second Amendment law and the gun debate.
Recenzii
'Does the Second Amendment protect a right to carry stun guns? Does it allow state lawmakers to proscribe the carrying of concealed firearms by visitors holding concealed-carry licenses from other states? In the decade since the Supreme Court found an individual constitutional right to possess firearms for personal protection in the Heller case, lower courts have been grappling with the ruling's myriad implications. The Positive Second Amendment describes the resulting body of law. Like the Heller decision itself, that body of law does not establish an absolute right. In this engaging tour of the legal landscape, Joseph Blocher and Darrell Miller remind readers that the legal Second Amendment affords citizens considerable room to argue over the appropriate dimensions of federal, state, and local gun-control law and policy.' Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University Law School, New York
'Joseph Blocher and Darrell A. H. Miller's new book makes it clear that the future of Second Amendment law requires fashioning a jurisprudence that acknowledges that robust regulation of basic rights is not an anomaly in American law it is the norm. The Positive Second Amendment charts a broad middle ground between the often shrill and ideologically driven arguments that dominate the public debate over the contentious issue of guns in America. Anyone interested in understanding the right to bear arms and in contributing to a constructive debate about how to honor the rights of gun owners and further the Second Amendment's goal of promoting 'the security of a free state' needs to read this book carefully, and think hard about its analysis and recommendations.' Saul Cornell, Paul and Diane Guenther Chair in American History, Fordham University, New York
'The Supreme Court delivered two opaque decisions in 2008 and 2010 recognizing the Second Amendment right to keep and bear arms. However, the decisions left open a host of practical questions about who (and what) is protected by the Amendment. Professors Blocher and Miller have written an absolutely superb book examining the issues that remain to be resolved as the Supreme Court decisions, which have now generated over 1,000 cases in state and federal courts, receive further analysis. This is a remarkably well-written and accessible book that will be indispensable not only for all academics teaching anything about 'gun rights' and 'gun control', but also, and probably more importantly, for any general reader looking for illumination about what remains one of the most divisive issues in American law and politics.' Sanford Levinson, author of An Argument Open to All: Reading the Federalist in the 21st Century
'… a significant contribution to our understanding of the Second Amendment and the way we should approach understanding its impact on American public policy. This work is particularly relevant in light of the frequency that the public must grapple with the presence of guns in daily life.' Charles F. Jacobs, Law and Politics Book Review
'Joseph Blocher and Darrell A. H. Miller's new book makes it clear that the future of Second Amendment law requires fashioning a jurisprudence that acknowledges that robust regulation of basic rights is not an anomaly in American law it is the norm. The Positive Second Amendment charts a broad middle ground between the often shrill and ideologically driven arguments that dominate the public debate over the contentious issue of guns in America. Anyone interested in understanding the right to bear arms and in contributing to a constructive debate about how to honor the rights of gun owners and further the Second Amendment's goal of promoting 'the security of a free state' needs to read this book carefully, and think hard about its analysis and recommendations.' Saul Cornell, Paul and Diane Guenther Chair in American History, Fordham University, New York
'The Supreme Court delivered two opaque decisions in 2008 and 2010 recognizing the Second Amendment right to keep and bear arms. However, the decisions left open a host of practical questions about who (and what) is protected by the Amendment. Professors Blocher and Miller have written an absolutely superb book examining the issues that remain to be resolved as the Supreme Court decisions, which have now generated over 1,000 cases in state and federal courts, receive further analysis. This is a remarkably well-written and accessible book that will be indispensable not only for all academics teaching anything about 'gun rights' and 'gun control', but also, and probably more importantly, for any general reader looking for illumination about what remains one of the most divisive issues in American law and politics.' Sanford Levinson, author of An Argument Open to All: Reading the Federalist in the 21st Century
'… a significant contribution to our understanding of the Second Amendment and the way we should approach understanding its impact on American public policy. This work is particularly relevant in light of the frequency that the public must grapple with the presence of guns in daily life.' Charles F. Jacobs, Law and Politics Book Review
Notă biografică
Descriere
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.