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The Second Amendment on Trial
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On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia’s stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the “right of the people to keep and bear arms” to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors’ introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvey Wilkinson III.

Table of Contents

  1. Cover
  2. pp. 1-1
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  1. Title Page, Copyright
  2. pp. 2-6
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  1. Contents
  2. pp. v-vi
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  1. Acknowledgments
  2. pp. vii-ix
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  1. Introduction: The D.C. Gun Case
  2. pp. 1-28
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  1. Section I: Historians before the Court
  2. pp. 29-30
  1. Brief of the Cato Institute and History Professor Joyce Lee Malcolm as Amici Curiae in Support of Respondent [The Right Inherited from England]
  2. pp. 31-52
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  1. Brief of Amici Curiae Jack N. Rakove, Saul Cornell, David T. Konig, Lois G. Schwoerer et al. in Support of Petitioners
  2. pp. 53-77
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  1. Section II: Heller and Originalism
  2. pp. 79-80
  1. Dead or Alive: Originalism as Popular Constitutionalism in Heller
  2. pp. 81-147
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  1. The Second Amendment, Heller, and Originalist Jurisprudence
  2. pp. 148-185
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  1. Section III: Heller and Constitutional Doctrine
  2. pp. 187-188
  1. Of Guns, Abortions, and the Unraveling Rule of Law
  2. pp. 189-254
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  1. Second Amendment Minimalism: Heller as Griswold
  2. pp. 255-286
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  1. Section IV: Historical Research after Heller
  2. pp. 287-288
  1. Originalism in a Digital Age: An Inquiry into the Right to Bear Arms
  2. pp. 289-309
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  1. Firearms, Militias, and the Second Amendment
  2. pp. 310-382
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  1. Appendix A: The Scholarly Landscape since Heller
  2. pp. 383-400
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  1. Appendix B: A Summary of the Major Briefs Submitted in Heller
  2. pp. 401-420
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  1. Appendix C: Articles Cited in Briefs
  2. pp. 421-428
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  1. Appendix D: Briefs and Articles Cited in Heller
  2. pp. 429-430
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  1. Index
  2. pp. 431-446
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  1. Back Cover
  2. pp. 460-460
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