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"Robert Cottrol has assembled an extraordinary collection of legal and historical material, powerfully illuminating one of our most interesting, and least understood, constitutional rights. At last, the major themes of constitutional law -- broad versus strict construction, the relevance of original intent, liberalism versus republicanism, the centrality of race in America -- are brought to bear on the Second Amendment. With this handy volume, the Second Amendment has finally arrived as a fit and rich topic for serious constitutional scholarship and debate." -- Akhil Reed Amar, Southmayd Professor Yale Law School
"Bob Cottrol has compiled a judicious selection of the most important court decisions and law review articles on the Second Amendment. He has been scrupulously even-handed in giving both sides of the debate a fair chance to have their interpretations of the Amendment heard. Almost anyone interested in this special controversy will benefit from giving this much-needed book a close reading, and should come away with an enhanced appreciation for the considerable complexity and subtlety of this Constitutional debate. The book should help kill off both of two extreme and simplistic notions: that the Amendment prohibits even moderate regulation of weapons, or that it recognizes rights that, in contemporary America, apply only to members of the National Guard." -- Gary Kleck, The Florida State University
Includes bibliographical references
I. General introduction -- II. Introduction to gun control and the Constitution -- III. Court opinions. Aymette vs. The State - Presser v. Illinois - United States v. Miller et al. -- IV. Congress. Firearms Owners' Protection Act - Brady Handgun Violence Prevention Act --V. General topics. Handgun prohibition and the original meaning of the second amendment / Don B. Kates, Jr. - The embarrassing second amendment / Sanford Levinson - Arms, anarchy and the second amendment / Dennis A. Henigan -- VI. The English background. Standing armies and armed citizens: An historical analysis of the second amendment / Roy G. Weatherup - The right of the people to keep and bear arms: The common law tradition / Jerry Lee Malcolm -- VII. Citizenship, Republicanism, and the right to bear arms. The ideological origins of the second amendment / Robert E. Shalhope - An armed community: The origins and meaning of the right to bear arms / Lawrence Delbert Cress - Civic republicanism and the citizen militia: The terrifying second amendment / David C. Williams - The fourteenth amendment and the right to keep and bear arms: The intent of the framers / Stephen P. Halbrook - The second amendment: Toward an Afro-Americanist reconsideration / Robert J. Cottrol and Raymond T. Diamond -- Acknowledgments
"Robert Cottrol has assembled an extraordinary collection of legal and historical material, powerfully illuminating one of our most interesting, and least understood, constitutional rights. At last, the major themes of constitutional law -- broad versus strict construction, the relevance of original intent, liberalism versus republicanism, the centrality of race in America -- are brought to bear on the Second Amendment. With this handy volume, the Second Amendment has finally arrived as a fit and rich topic for serious constitutional scholarship and debate." -- Akhil Reed Amar, Southmayd Professor Yale Law School
"Bob Cottrol has compiled a judicious selection of the most important court decisions and law review articles on the Second Amendment. He has been scrupulously even-handed in giving both sides of the debate a fair chance to have their interpretations of the Amendment heard. Almost anyone interested in this special controversy will benefit from giving this much-needed book a close reading, and should come away with an enhanced appreciation for the considerable complexity and subtlety of this Constitutional debate. The book should help kill off both of two extreme and simplistic notions: that the Amendment prohibits even moderate regulation of weapons, or that it recognizes rights that, in contemporary America, apply only to members of the National Guard." -- Gary Kleck, The Florida State University
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