To trust the people with arms : the Supreme Court and the Second Amendment / Robert J. Cottrol and Brannon P. Denning.

Format:

Book

Author/Creator:

Cottrol, Robert J., author.

Denning, Brannon P., author.

Language:

English

Subjects (All):

United States. Constitution--2nd Amendment.

United States.

United States. Supreme Court.

Constitution (United States).

Firearms--Law and legislation--United States.

Firearms.

Firearms--Law and legislation.

Physical Description:

360 pages ; 24 cm

Place of Publication:

Lawrence, Kansas : University Press of Kansas, [2023]

Summary:

"In 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in 2008, known as District of Columbia v. Heller, was the first time the Court declared a firearms restriction unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago. And in 2022 the Court radicalized its position even further in New York State Rifle and Pistol Association v. Bruen-a decision whose far-reaching implications are still being worked out. The Advantage of Being Armed tells the complex legal history of "the right of the people to keep and bear arms," from the Framers to the curious Miller decision in 1939 to the recent debates over the individualist interpretation of the Second Amendment and its incorporation. Robert J. Cottrol and Brannon P. Denning approach the story through the lens of the Black tradition of armed self-defense, arguing that gun control has historically been a way of controlling populations deemed dangerous and threatening-including ethnic minorities, immigrants, enslaved laborers, and impoverished populations. The 39th Congress that passed the Fourteenth Amendment to the Constitution was persuaded by southern efforts to disarm freedmen that they needed to apply the Bill of Rights to the states. While the Supreme Court initially sought to maintain the antebellum social order, Cottrol and Denning show how the legal establishment changed their minds, paving the way for the Court to eventually get it right"-- Provided by publisher.

Contents:

Constitutional predicates

"Negro laborers", "Low-browed foreigners", and "the efficiency of a well-regulated militia"

Arms, war, and law in the American century

From casual acceptance to virtual desuetude

Shifting tides

One case, many controversies

A silence broken

McDonald

Bruen, an unanticipated epilogue.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Cottrol, Robert J. Advantage of being armed

ISBN:

9780700635719

0700635718

OCLC:

1390814439