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- The Atlantic
The Constitutional Right To Bear Arms Has Outlived Its Usefulness
From the Panel
For: Alan Dershowitz
- Cerberus Divestment Decision Is a Risky Way to Combat Gun Violence
Alan Dershowitz, The Daily Beast, December 19, 2012Divestment actions, boycotts, and blacklists aimed at chilling the exercise of a constitutional right can create a dangerous precedent.
- Stop the Slaughter, Change U.S. Gun Laws Now
Alan Dershowitz, Haaretz, December 18, 2012If the Newtown killings don’t oblige legislators and courts to show courage against the gun lobby and its junk politics and to end the easy availability of weapons that are efficient killing machines, what ever will?
- Why the United States Won’t Control Guns
Alan Dershowitz, Haaretz, July 23, 2012Ours is the only Constitution that explicitly protects “the right of the people to keep and bear arms.” But the Second Amendment is anything but clear about what those Delphic words were intended to mean at the time they were enacted.
For: SANFORD LEVINSON
- The Embarrassing Second Amendment
Sanford Levinson, Yale Law Journal, Volume 99, 1989For too long, most members of the legal academy have treated the Second Amendment as the equivalent of an embarrassing relative, whose mention brings a quick change of subject to other, more respectable, family members. That will no longer do.
- For Whom is the Heller Decision Important and Why?
Sanford Levinson, Symposium, May 14, 2009While the Heller decision has already been deemed of great significance by the legal community, it is too soon to tell what its long term effects may be.
- Sanford Levinson and David Kairys on ‘Radio Times’
Radio Times, December 20, 2007Levinson and Kairys discuss the 2nd Amendment ahead of the U.S. Supreme Court decision on Heller.
- Sanford Levinson Talks About Our Constitutional Rights
Joseph Cotto interviews Sanford Levinson, The Washington Times Communities, February 3, 2013‘Due attention’ should be paid to text, structure, history, and precedent, but it is also important for the Supreme Court to be sensitive as well to what Justice Holmes called ‘the felt necessities of the time.’
- Where’s the Revolutionary Spirit?
Sanford Levinson, Room for Debate, The New York Times, April 19, 2013One might think that when roughly 90 percent of the American people support enhanced background checks for people who wish to purchase firearms, there would be a good chance that that policy preference would result in legislation.
- Our Imbecilic Constitution
Sanford Levinson, Campaign Stops, The New York Times, May 28, 2012Critics across the spectrum call the American political system dysfunctional, even pathological. What they don’t mention, though, is the role of the Constitution itself in generating the pathology.
- To Keep and Bear Arms: An Exchange
Sanford Levinson, New York Review of Books, November 16, 1995The Second Amendment is most plausibly read as acknowledging the right of otherwise peaceable and law-abiding American citizens “to keep and bear arms” against the dreaded possibility that they will find it necessary to join with other citizens in making the Lockean appeal against an overweening national government.
Against: DAVID KOPEL
- The Truth About Gun Control
David Kopel, Encounter Books, July 11, 2013Animated video from publisher Encounter Books featuring a section of Kopel's book The Truth about Gun Control.
- Time for a Real Response
David Kopel, National Review, April 19, 2013Now that the gun-control circus is over, we can actually address mass violence.
- Guns in America: Arming the Right People Can Save Lives
David Kopel, Los Angeles Times, January 15, 2013Good guys with guns have managed to keep a list of shooters from carrying out the kinds of attacks that get far more publicity.
- The Second Amendment in 2013
David Kopel, Cato Institute, January 11, 2013David Kopel, associate policy analyst at the Cato Institute, evaluates prospects for changes to federal gun laws following the shootings in Newtown, Connecticut.
- The Right to Arms in the Living Constitution
David Kopel, Cardozo Law Review, De Novo 99, 2010This Article presents a brief history of the Second Amendment as part of the living Constitution.
- The Natural Right of Self-Defense: Heller's Lesson for the World
David Kopel, Syracuse Law Review, Vol. 59, 2008The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right.
- Ready to Shoot
David B. Kopel and Ed Nowicki, Baltimore Sun, February 27, 2008The widespread civilian possession of handguns also helps the police do their job.
For: EUGENE VOLOKH
- Gunning for the Second Amendment: The Debate over Gun Laws in America
Eugene Volokh and Adam Winkler, Children of Jewish Holocaust Survivors, March 21, 2013Volokh and Winkler debate, discuss, and answer questions about the Second Amendment and attempts to control gun ownership following the tragic massacre in Newtown, Massachusetts.
- Guns.com Discusses the 2nd Amendment with UCLA Law Professor Eugene Volokh
S.H. Blannelberry interviews Eugene Volokh, Guns.com, June 2, 2012The 2nd Amendment secures an individual right to gun ownership—the D.C. v. Heller majority was correct on this.
- Implementing the Right to Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda
Eugene Volokh, UCLA Law Review, 2009How should state and federal constitutional rights to keep and bear arms be turned into workable constitutional doctrine?
- The Commonplace Second Amendment
Eugene Volokh, 73 NYU Law Review 793, 1998Constitutional rights will often -- and for good reason -- be written in ways that are to some extent overinclusive and to some extent underinclusive with respect to their stated justifications.
- The Amazing Vanishing Second Amendment
Eugene Volokh, 73 NYU Law Review 831, 1998Volokh’s response to David C. Williams’ The Unitary Second Amendment.
- Eugene Volokh on the Second Amendment, the Constitution, and More
Joseph Cotto interviews Eugene Volokh, The Washington Times Communities, February 6, 2013The Second Amendment secures an individual right to keep and bear arms for self defense (and perhaps other reasons), but it is not unlimited.
ARTICLES FOR & AGAINST
- Facing the Real Gun Problem
David Cole, The New York Review of Books, June 20, 2013If proponents of gun control fail to understand or respect the opposing point of view, they may well undermine their own interests in achieving reform.
- Rewrite the Second Amendment
Zachary Elkins, The New York Times, April 4, 2013Before you mock the idea of a constitutional amendment, consider that hardly anyone is happy with our unstable status quo: gun enthusiasts fear their rights are under constant threat; gun-control advocates point to the danger of illegal guns and easy access to firearms.
- Ditch the Second Amendment
Benjamin Wittes, The New Republic, March 19, 2007We should seek gun control and a Constitution that means something.
- Living with Guns: A Liberal’s Case for the Second Amendment
Alan Gura, Cato Institute, January 31, 2013Alan Gura comments on Second Amendment Rights.
- 10 Need-to-Know Gun Control Myths
Kyle Wintersteen, Guns & Ammo, May 2, 2013Those who favor a society without gun rights seem to be prone to spreading false information.
- Now Is Not the Time for New Gun Laws
Nick Gillespie, The Daily Beast, September 18, 2013In the wake of the D.C. shooting, some lawmakers are pushing for new regulations on firearms. But legislation should never be passed in the heat of a crisis.
- Armed School Guards Are Our Best Bet to Stop Future Newtowns
Stephen Halbrook, The Independent Institute, January 28, 2013No guarantee exists that the presence of an armed officer would stop the next disaster. But it would give the potential victims a chance.
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