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The use of history in law is a time honoured tradition. Over the
years the practise has assumed many forms to include historicism,
intentionalism, interpretivist history, law office history,
historical narrative and originalism. History, Originalism, and the
Constitution picks up where past commentators have left off in this
time honoured debate. The book weighs and considers the different
historically based approaches to adjudicating constitutional
questions, particularly originalism and asserts that history in law
is only legitimate if it leads to accurate results. History,
Originalism, and the Constitution then proposes an approach to
accomplish the objectives of historical accuracy, objectivity and
therefore legitimacy. Known as the historical guidepost approach,
it respects historical methodologies, places text and events in
total historical context, is honest about what the evidentiary
record does and does not provide, mitigates judicial mythmaking and
applies history as more of a guide to legal reasoning than a strict
outcome determinative tool.
'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'. For the past half century, legal historians,
analysts, judges and commentators have disagreed as to the original
scope and intent of these words, making up the Second Amendment to
the United States Constitution. Individual right theorists
interpret it as protecting the personal privilege to own and carry
firearms, while collective right theorists interpret it as only
protecting the privilege of a collective society to bear arms in
relation to militia service. This book examines the contentions of
both groups and concludes that the amendment is meant only to
protect the right of an individual to 'keep and bear arms' for the
purpose of defending the country in a militia force against
standing foreign or domestic armies. To interpret the amendment in
any other way, the author argues, is to take its wording out of
context and overextend a limited right that predated the
Constitution and was essential to the founding of the nation. In
crafting his argument, the author examines the Second Amendment in
exacting detail, looking at its earliest drafts and its placement
within the Bill of Rights, the state constitutional ratifying
conventions, and judicial interpretations of the amendment through
the landmark decision in 2008's District of Columbia v. Heller. The
two final chapters examine the relationship between the Second
Amendment and individual states, focusing specifically on the state
of Ohio's 'right to bear arms' provisions provided in its 1802
constitution.
Today, gun control is one of the most polarizing topics in American
politics. However, before the 1960s, positions on firearms rights
did not necessarily map onto partisan affiliation. What explains
this drastic shift? Patrick J. Charles charts the rise of gun
rights activism from the early twentieth century through the 1980
presidential election, pinpointing the role of the 1968 Gun Control
Act. Gun rights advocates including the National Rifle Association
had lobbied legislators for decades, but they had cast firearms
control as a local issue. After the assassination of President John
F. Kennedy in 1963 spurred congressional proposals to regulate
firearms, gun rights advocates found common cause with states’
rights proponents opposed to civil rights legislation. Following
the enactment of the Gun Control Act, lawmakers on both sides of
the aisle began to stake out firm positions. Politicians including
Richard Nixon and Ronald Reagan recognized the potential of gun
control as a wedge issue, and gun rights became increasingly tied
to the Republican Party. Drawing on a vast range of archival
evidence, Charles offers new insight into the evolution of the gun
rights movement and how politicians responded to anti–gun control
hardliners. He examines in detail how the National Rifle
Association reinvented itself as well as how other advocacy groups
challenged the NRA’s political monopoly. Offering a deep dive
into the politicization of gun rights, Vote Gun reveals the origins
of the acrimonious divisions that persist to this day.
The aim of Irreconcilable Grievances is to discuss the pertinent
events from July 1775 to July 1776 that influenced a large majority
of the revolutionaries to call for independence. Much like any
political stance today, people held their opinion based on
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