"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.
Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Автор: Wurman Ilan Название: The Second Founding: An Introduction to the Fourteenth Amendment ISBN: 1108843158 ISBN-13(EAN): 9781108843157 Издательство: Cambridge University Press Рейтинг: Цена: 13874.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This comprehensive introduction is for law students, undergraduates, academics, and general readers interested in the US constitution`s most consequential amendment. The book carefully examines the amendment`s three key provisions in its first section and sheds light on how the modern Supreme Court might resurrect its original meaning.
Описание: This exhaustively researched book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. It follows the evolution in public understanding of `the privileges and immunities of citizens of the United States`, from the early years of the Constitution to the election of 1866.
Описание: This comprehensive introduction is for law students, undergraduates, academics, and general readers interested in the US constitution`s most consequential amendment. The book carefully examines the amendment`s three key provisions in its first section and sheds light on how the modern Supreme Court might resurrect its original meaning.
Автор: Daniel N. Robinson, Richard N. Williams Название: Religious Liberty: Essays on First Amendment Law ISBN: 1316602087 ISBN-13(EAN): 9781316602089 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: These essays focus on the intellectual and philosophical roots of religious liberty and the confrontations with the authority of secular law. The book is aimed at researchers, graduate students and undergraduates in constitutional law, political science, government, constitutional religion and public affairs courses, as well as courses on the First Amendment.
Описание: Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.
Описание: Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.
Автор: David E. Kyvig Название: Unintended Consequences of Constitutional Amendment ISBN: 0820352691 ISBN-13(EAN): 9780820352695 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 11227.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars examines significant instances in which reform produced something other than the foreseen result.
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Автор: Conant, Michael Название: The Constitution and Economic Regulation ISBN: 1412807743 ISBN-13(EAN): 9781412807746 Издательство: Taylor&Francis Рейтинг: Цена: 18374.00 р. Наличие на складе: Нет в наличии.
Автор: Charles Wallace Collins Название: The Fourteenth Amendment and the States ISBN: 1475714440 ISBN-13(EAN): 9781475714449 Издательство: Springer Рейтинг: Цена: 6097.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The author`s thanks are due to the editors of the following periodicals for the courtesy of extending to him the copyright privileges for the use of the material vii VUl PREFACE in the chapters mentioned below: The American Law Review for Chapters V and VI;
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