Second amendment articles cnn

    • [PDF File]T PREVENTION A “CORE PURPOSE S AMENDMENT

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      protected by the Second Amendment.16 If it is, then Step Two is to apply some form of means-end scrutiny as determined by the court.17 Under this approach, the “core purpose” (sometimes referred to as the “core right” and often as simply “the core”) of the Second Amendment is a critical reference point in both steps.


    • Newsroom: CNN: Bogus on Second Amendment - Roger Williams University

      (CNN) January 27, 2010 --"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." -- Second Amendment to U.S. Constitution


    • The Second Amendment in Historical Context - University of Minnesota

      which is that the evidence on the origins "of the Second Amendment strongly supports the collective rights position."3 Context, of course, is the major theme of Cornell's essay, and it is the most important point he could possibly make in 1. Carl T. Bogus, The Hidden History of the Second Amendment, 31 U.C. Davis L. Rev. 311-408 (1998).


    • [PDF File]THE HIDDEN HISTORY OF THE SECOND AMENDMENT - Reuters

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      the Second Amendment quite as much as the courts, even within academic circles it was a reasonably dormant topic. Then about a decade ago, things changed; suddenly there was an explosion of academic interest in the Second Amendment. The Second Amendment became the subject of a constant stream of books,23 articles,24 conferences,25 symposia,26 ...


    • [PDF File]The Second Amendment was Adopted to Protect Liberty, Not Slavery: A ...

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      Amendment to ensure that all persons, Black and white, were recognized as included in “the people” entitled to these rights. Some argue the Second Amendment was adopted to protect slavery. Professor Carl Bogus originally advanced this thesis in a 1998 law review article “The Hidden History of the Second Amendment.” 2


    • COMMONPLACE OR ANACHRONISM: THE STANDARD MODEL, THE SECOND AMENDMENT ...

      the Second Amendment, 45 Emory L.J. 1139 (1996). 2. Sanford Levinson, The Embarrassin!( Second Amendment, 99 Yale L.J. 637 (1989). 3. On the use of the term "Standard Model" to describe the emerging body of scholarship on the Second Amendment, see Glenn Harlan Reynolds, A Critical Guide to the Second Amendment, 62 Tenn. L. Rev. 461-71 (1995).


    • “Time Enough” for Scrutiny: The Second Amendment, Mental Health, and ...

      Contemporary Second Amendment jurisprudence begins with the Supreme Court’s 2008 case, District of Columbia v. Heller. 37. There, the Court held that the Second Amendment protects an individual’s right to keep a firearm in the home for the purpose of self-defense. 38. Two years later, in . McDonald


    • Brigham Young University Education and Law Journal

      on the subject of incorporation . . . of the Second Amendment” because that question was not before the court. 8. Accordingly, whether the Second Amendment would be incorporated through the Fourteenth Amendment, and thus applicable to the States, remained a question yet to be resolved. 1. U.S. C. ONST. amend. II. 2. District of Columbia v.


    • [PDF File]A CRITICAL GUIDE TO THE SECOND AMENDMENT - AzCDL

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      10 See Glenn H. Reynolds, Chaos and the Court, 91 COLUM.L. REV. 110 (1991). 11 Indeed, the Court had rejected such a right in Plessy v.Ferguson, 163 U.S. 537 (1896). 12 See Brown v. Board of Education, 347 U.S. 483 493 (1954) (holding the right to integrated schools constitutionally protected). 13 William Van Alstyne, The Second Amendment and the Personal Right to Arms, DUKE L.J. 1236, 1254-55 ...


    • [PDF File]PROTESTS, INSURRECTION, AND THE SECOND AMENDMENT The Gun Rights ...

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      5 Brennan Center for Justice The Gun Rights Movement and “Arms” Under the Second Amendment The Interrelationship of Legal and Popular Conceptions of Arms The preceding sections took Heller at its word as demanding a definition of arms uninfluenced by the modern gun rights movement. Justice Antonin Scalia’s majority opinion was celebrated as “the finest example of what


    • [PDF File]UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

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      for adjudicating the scope of the Second Amendment right. That approach requires an extensive analysis of the text, tradition, and history of the Second Amendment, rather than the tiers-of-scrutiny approach used by the majority. Under that approach, the outcome is clear. Firearms and magazines capable of firing more than ten rounds have existed ...


    • Originalism, History, and the Second Amendment: What Did Bearing Arms ...

      the text of the Second Amendment in congressional debate, irrele-vant foreign news, reprints of the Declaration of Independence, and all repeated or similar articles, 111 hits remain, of which only two do not use the phrase to connote a military meaning.'2 Using the same method of sorting results from the 132 papers published from 1763 ...


    • [PDF File]THE ORIGINAL INTENT OF THE SECOND CONGRESS SAY ABOUT THE RIGHT TO BEAR ...

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      reverence for armed citizenry resisting tyranny. To Halbrook, the Second Amendment is a guarantee implemented by the founders to ensure not only the right to own a weapon for personal reasons, but also to protect its owners against an oppressive government, and, if need be, to overthrow it. That the Second Amendment was a “right to rebel”


    • [PDF File]2nd Amendment US Constitution--Bearing Arms - GovInfo

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      1193 1 A sampling of the diverse literature in which the same historical, linguistic, and case law background is the basis for strikingly different conclusions is: STAFF OF SUBCOM.ON THE CONSTITUTION, SENATE COMMITTEE ON THE JUDICIARY, 97TH CONGRESS, 2D SESS., THE RIGHT TO KEEP AND BEAR ARMS (Comm. Print 1982); DON B. KATES, HANDGUN PROHIBITION AND THE ORIGINAL MEANING OF THE SECOND


    • [PDF File]A well regulated Militia, being necessary to the security of a free ...

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      (CNN)It's only a sentence long; 27 words that barely take up a full line on the Bill of Rights. A well regulated Militia, being necessary to the security of a free State, the right of the ... Second Amendment did apply specifically to possession of firearms for purposes of self-


    • Second Amendment Decision Rules, Non-Lethal Weapons, and Self-Defense

      PETERMAN-FINAL (6-16-14) (DO NOT DELETE) 7/2/2014 5:25 PM 2014] SECOND AMENDMENT DECISION RULES 855 the children and staff.5 In less than five minutes,6 Lanza left a trail of carnage that resulted in the deaths of twenty-six innocent people, including twenty children and six school staff.7 Upon learning that the police had arrived, Lanza took his own life with a pistol.8 Twenty-six


    • [PDF File]THE SECOND AMENDMENT WAS ADOPTED TO PROTECT LIBERTY, NOT SLAVERY: A ...

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      4 18% of New York’s population, they accounted for 78% of the state’s felony gun possession cases.”9 Anderson’s book was received uncritically by media such as CNN and the New York Times.10 Its thesis was welcomed by the gun ban lobby such as Brady (previously named Handgun Control).11 This Article is limited to the meaning and reasons for adoption of the Second


    • The Second Amendment: A Dialogue - Duke University

      The conclusion that the second amendment guarantees individuals the right to possess arms for "self-defense" against crime, oppression, and attack by foreign foes is inevitable' 6 Yet, it should be clear that reasonable gun 1I. See Kates, supra note 3, at 230-35 (and sources cited therein); Shalhope, supra note 6, at 126-


    • [PDF File]THE SECOND AMENDMENT BEYOND THE DOORSTEP: HELLER

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      Heller, the Court held that the Second Amendment protected guns for self-defense in the home, striking down a D.C. handgun ban in the process.13 Two years later the Court held that the Second Amendment applied to the states, striking down Chicago’s handgun ban.14 The question became: can concealed carry regulations continue af-ter Heller?


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