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Dave Kopel's Second Amendment Newsletter
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New by KopelFairly New Book: Aiming for LibertyAiming for Liberty
David Kopel Dave's fairly new book, Aiming for Liberty: The Past, Present, And Future of Freedom and Self-Defense, is selling fairly well on Amazon.com and Barnes & Noble. We would encourage additional reviews on Amazon from people who have actually read the book. Videocast on Aiming for Liberty
Dave Kopel with Jon Caldara Dave and Independence Institute President and program host Jon Caldara discuss his new book on this KBPI television broadcast, now available on YouTube. Part 1 is here: http://www.youtube.com/watch?v=XaJgIjxmFdQ, Part 2, here: http://www.youtube.com/watch?v=mymokhfqhJk and Part 3, here: http://www.youtube.com/watch?v=Ud36zktV3F8. The playlist with all three is here: http://www.youtube.com/view_play_list?p=EB5652D760AC2EAB New Law Review Articles by KopelThe Right to Arms in the Living Constitution
David B. Kopel "This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with élite legal opinion, except for a period in part of the twentieth century." The Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich
David B. Kopel with Clayton E. Cramer Kopel and Cramer examine the historical underpinnings of historian Nathan Kozuskanich's claim that the right to arms in the 1776 Pennsylvania constitution only guaranteed a right to serve in the commonwealth's militia. Kopel on the Health BillHealth Bill and Gun Ownership
David Kopel Dave responds to a putative rebutal of his concerns that the Government's expanded role in health care may lead to 'wellness programs' that preclude firearms ownership. Is the Senate health plan anti-gun?
Susan Ferrechio Ferrechio's article includes Dave's concern that a government putting itself in charge of people's health may decides that habits such as firearms ownership are prohibitively expensive. Kopel on Other TopicsWhat's that Smell?
Dave Kopel "Nearly everyone has heard of the corruption-plagued organization ACORN. Yet many gun owners are unaware of the organization's strong anti-gun activities and ties." Missouri Court Upholds Statute Against Gun Possession While Intoxicated
David Kopel "In the 1979 case People v. Garcia, the Supreme Court of Colorado dealt with a similar statute. The ruled that the statute only applied to 'actual or physical control.' So if a person is drunk in his living room, and owns a gun which is stored in his downstairs closet, the statute would not apply. The Missouri decision is consistent with the Colorado standard, since Richard actually was possessing the handgun." Bloggingheads TV on Moses as the essential American hero
David Kopel Dave here agrees with Bruce Feiler's argument, in an interview on Robert Wright's BloggingHeadsTV, that Moses is a figure of great interest as an exemplar to some of America's most influential leaders. United States v. Skoien
United States Court of Appeals for the 7th Circuit The decision refers to Dave's work on Heller on p.7, note 2. Another Good Night for the Second Amendment
David Kopel "In sum: A bad night for advocates of gun show restrictions. Another fine night (as were election nights 2006 and 2008) for Democrats with A ratings from NRA. And good news for Second Amendment advocates in blue New Jersey and purple Virginia." Will the Arms Trade Treaty Provide Effective Embargos on Human Rights Violators?
David Kopel "Thus, the ATT might, at most, lead to more nominal embargos of arms; but nothing in an ATT can have greater force in international law than a Security Council order already does. Accordingly, the ATT will be of little or no use in achieving its purported objective. To the contrary, the ATT may be positively harmful, since it will probably declare a 'right' of governments to acquire arms. This 'right' could be used to claim that arms embargos outside the ATT system (e.g., unilateral embargos by the US, or the EU) are violations of international law." The Most Important Right to Arms Vote of 2009
David Kopel "Repeal of the Canadian registry would, accordingly, be of tremendous global significance. Repeal would also shatter the claim by the Canadian gun prohibition lobby that gun control in Canada is an irreversible ratchet." Kopel on McDonald v. ChicagoThe Kopel Amicus BriefBrief Summary of the Kopel Brief
David B. Kopel Here is a brief summary of the complete amicus brief, linked below, that Dave has written for the case of McDonald v. Chicago Amicus Brief in McDonald v. Chicago: On Behalf of the International Law Enforcement Educators and Trainers Association, Et Al.
David B. Kopel Here is a link to the full text of Dave's brief on this important post-Heller case. McDonald v. Chicago
Dave Kopel with Jon Caldara Kopel and Caldara discuss Dave's completed amicus brief and the importance of this case. JoshCasts: Interview with Dave Kopel on McDonald v. Chicago
Dave Kopel with Josh Blackman Here's a podcast in which Law Clerk and Blogger-Tweeter Josh Blackman interviews Dave about the McDonald v. Chicago brief. Dave's Blogging on the Other Briefs in McDonald v. ChicagoCongressional brief in McDonald v. Chicago
David Kopel Here is Dave's reaction to the Congressional brief filed in the McDonald case. "Counsel of Record is former Solicitor General Paul D. Clement. Much of the brief recapitulates the lengthy historical record of congressional action (including but not limited to Reconstruction) to protect the individual right to arms from federal or state infringement." Academics for the Second Amendment brief in McDonald
David Kopel "Well before Reconstruction, the Second Amendment was considered to be mainly a guarantee of a right to own and carry guns for personal protection. Back in 1998, I wrote a hundred-page article, The Second Amendment in the Nineteenth Century, 1998 BYU Law Review 1359, which focused mainly on cases and treatises. Olson/Hardy/Cramer have gone further, and brought forward extensive evidence about the understanding of the public and of elected public officials." McDonald amicus: Don't trust Fairman and Berger
David Kopel "Erik S. Jaffe has written a very interesting brief for the CalGuns Foundation. In short, the argument is: 'Charles Fairman's and Raoul Berger's Work on Fourteenth Amendment Incorporation of the Bill of Rights Is Deeply Flawed, Inaccurate, and Should Not Be Relied Upon by this Court.' " Cato brief in McDonald v. Chicago
David Kopel "An outstanding brief, as one might expect. The bulk of the brief (21 pages, comprising Part I) shows that from the Founding Era into through the framing of the Fourteenth Amendment, national citizenship was paramount to state citizenship. Part II briefly argues that Slaughterhouse violated canons of constitutional construction�such as by interpreting the Privileges or Immunities Clause to make it nothing more than a reiteration of the Supremacy Clause." Institute for Justice brief in McDonald v. Chicago
David Kopel "The most important part of the brief is Part III, which begins: 'To enslave a class of people requires three basic things: destroy their self-sufficiency, prevent them from fighting back, and silence any opposition.' The brief then goes on to argue that the the Court should resist suggestions that it hold that the Privileges or Immunities clause makes the first eight amendments applicable against the states, but does nothing else." McDonald amicus briefs: Academics, Congress Redux, and California District Attorneys
David Kopel "The new Kates-Ayers brief begins with a survey of the 17th-18th century philosophical view, with which the American Founders agreed, that self-defense was among the most fundamental of all rights, that it was also a duty, and that the right necessarily implied the right to use arms in self-defense." Privileges or Immunities Extravaganza
David Kopel "The Question Presented by the Court asked if the bans should be considered unconstitutional under the Fourteenth Amendment's Due Process clause, or under the Privileges or Immunities clause. There's been plenty of interesting scholarship recently on Privileges or Immunities. Here's a guide to some of the most important articles." More of Dave's Podcasts on the CaseInterview with Alan Gura
Dave Kopel with Alan Gura Here is Dave's lengthy (50 minutes) interview with Alan Gura, the lead attorney in the Heller case, now involved in McDonald v. Chicago. McDonald v. Chicago: Is the 2nd Amendment Incorporated in the 14th Amendment? An Explanation of the Basic Constitutional Issues in the Case.
Dave Kopel with Jon Caldara Dave and
Jon Caldara discuss Dave's early work on his amicus brief, and the
issues and precedents at stake in McDonald
v. Chicago. Stephen Halbrook Christmas Special.
Dave Kopel with Stepehn Halbrook Kopel interviews Stephen Halbrook, the leading legal defender of the Second Amendment over the last three decades. 53 minutes.
InternationalAustraliaTougher Laws to Control Weapons
Hills Gazette (Australia) "Tough new restrictions on the sale and possession of controlled weapons are part of the State Government's stance to improve safety in entertainment areas to be introduced into State Parliament this week." CanadaGun Registry Not Effective: Canadian Poll
Canwest News Service (Canada) " Although 80 per cent of Canadians consider gun violence a serious problem, only 11 per cent think the $1 billion gun registry has been effective at preventing crime, according to a new poll." Survey: 50% of Atlantic Canadians want to cut program
Joan Bryden "Quebecers are alone in wanting to save the long-gun registry, a new poll suggests." Protect gun registry: Quebec Women's Fed.The
Canadian Press "Alexa Conradi, president of the Quebec Women's Federation, said Monday she wasn't surprised the Conservatives had tabled a motion this month in Parliament to kill the registry." IrelandFarmers urge Minister to Rethink Restrictive New Gun Licensing Laws
Pamela Duncan "Minister for Justice Dermot Ahern has rejected suggestions that legislation which would allow householders to use lethal force when defending their home was a licence to kill." Right to Defend Your Home should not be seen as 'licence to kill'
Newton Emerson "Firearms restrictions leave the householder with no choice but to defend themselves with any implement to hand, such as a power drill, a meat-cleaver or a giant novelty corkscrew. Clearly, the best way to avoid this is for everyone to have the right to own a gun, allowing intruders to be humanely shot from a safe distance. In many countries this right is considered a civil liberty, even by those who know the difference, yet for some reason I can't consider it at all." MexicoTask Force Seeks Ban on Assault Weapons: Group also Wants Overhaul of Mexican Border Agencies
Spencer S. Hsu "A bi-national task force on U.S.-Mexico border issues will call Friday on the Obama administration and Congress to reinstate an expired ban on assault weapons and for Mexico to overhaul its frontier police and customs agencies to mirror the U.S. Department of Homeland Security." Mexico's Gang Wars Spawn Vigilante Justice
Dudley Althaus "Lynching and extra-judicial killings are far from unknown in Mexico, whose justice system often has proved woefully insufficient. Rural and poor urban communities beat or execute accused rapists and thieves... " Grim Glossary of the Narco-worldKen
Ellingwood The Mexican news media are inventing grim lingo for drug-war violence, reports the Los Angeles Times. Fusilados: from the Spanish word for rifle, to be executed in the style of a firing squad, or with a shot to the head, known as atiro de gracia; Cuerno de chivo: "Goat horn," nickname for the AK-47 assault rifle, a favorite of cartel gunmen. The name refers to the curved shape of the magazine. Criminals are starting to employ more powerful weapons, such as heavy machine guns and grenade launchers. South AfricaNo Flaw in Firearms Law
Natalie Jaynes, Gun Free South Africa "There is evidence to show that the gun control law can be attributed to the drop in gun-related violence. Data from the National Injury Mortality Surveillance System suggest that fatalities due to gun violence have dropped since the FCA came into being." Jaynes also points out that there is no guarantee of firearms ownership in the South African Constitution. SwitzerlandCabinet Turns down Ban on Arms at Home
swissinfo.ch and agencies "The Swiss government has rejected a people's initiative that aims to ban more than one million military weapons from Swiss households." TurkeyNew Firearms Law Likely to Upset Pro-gun Lobby
Ibrahim Asalioglu "The Interior Affairs Commission is working on new a bill to change Turkey's firearms law to reduce firearms ownership rates in the country, but gun manufacturers have been arguing against the draft, saying firearms might save 'the country's future.'" United KingdomTayside man bids to stop Scots passing laws on airgunsTim
Pauling "In an attempt to stop Westminster giving the SNP devolved powers to control air weapons, he has started an e-petition on the 10 Downing Street website which has attracted more than 3,500 signatures." IndustryU.S. Sees Shortage of Ammunition
David A. Fahrenthold and Fredrick Kunkle "In a year of job losses, foreclosures and bag lunches, Americans have spent record-breaking amounts of money on guns and ammunition. The most obvious sign of their demand: empty ammunition shelves." Weapons Manufacturer Unveils Black Box for Guns
Jeremy Hsu "Military and police higher-ups can now see just how many shots a particular weapon fired during the course of a battle or incident. The Register reports that a new black box device designed for rifles and submachine guns could report on ammo usage and weapon jamming, as well as who shot whom at what time." Lock, Stock and Barrel: Understanding the Firearms Industry
Informational Video "For more than 200 years, America's firearms industry has made products that have been part of our country's great tradition of freedom, self-reliance and enjoyment of the outdoors. "Lock, Stock and Barrel: Understanding the Firearms Industry" is a 15-minute video from the National Shooting Sports Foundation that covers the history, operation and regulation of the firearms industry." A DVD of the video can be requested free of charge, or the film watched on-line. CultureAdoptive Parents Fuming Over Gun Question
Troy Kinsey Would-be adoptive parents in Florida are bristling about a question about firearms ownership in required paperwork. Firearms Community Furious over Ouster of Pro-gun Seattle Talk Host; Can You Spell BOYCOTT?
Dave Workman More than 700 angry phone calls went to Seattle's Fisher Broadcasting after the company suddenly fired popular host Kirby Wilbur and cancelled all firearms-related advertising on their broadcasts. There is considerable talk of boycotting Fisher's remaining sponsors. The Urban Deerslayer
Sean Patrick Farrell "Novice urban hunters are forming classes and clubs to learn skills that a few generations ago were often passed down from parent to child." AR Guns & Hunting
Volume 1, Issue 1 "Grand View Outdoors is pleased to inform you that the premier issue of AR Guns & Hunting is now online and ready for viewing. Pull the trigger on your free issue right now... AR Guns & Hunting is more than just a digital magazine. It's a total multimedia experience. Now you can zero in on thrilling adventure stories and relevant equipment reviews based on the AR-15 as an emerging hunting platform." Spellbinding Pro-Second Amendment Film
Howard Nemerov "Not without a Fight is the story of one young man's journey to understand what the Second Amendment means. By his own admission, he was rather blasé about guns and gun control issues. Immigrating from Honduras appears to have given Max an objectivity and inquisitiveness that led him down the same path that I took nearly 10 years ago: After separating rhetoric from reality, what can a reasoning person conclude? His journey ended up being chronicled in Not Without a Fight, though the focus remains on the subject matter." Not without a FightMax
Lemus Here is Max Lemus's web page and blog about his new film on the history and methodology of gun control in America, along with instructions on how to obtain the movie. NRA's Personal Protection Outside The Home DVD Wins Award
Press Release "The National Rifle Association and MetaMedia Training International have won a CINE Golden Eagle Award for the Personal Protection Outside The Home DVD in the Business- Safety, Training, and Employee Development category. The training-oriented DVD is based on NRA's Basic Personal Protection Outside The Home Course, developed by NRA's Education & Training Division and taught to the public by NRA Certified Instructors." There is a link to obtaining the DVD. PoliticsCharlie Crist better than Marco Rubio on 2nd Amendment?
Marc Caputo The NRA is less enthusiastic about Marco Rubio in his primary race for the Florida Senate with Charlie Crist than it was previously. Rubio was slow to support legislation allowing workers to have firearms in their cars in their workplaces' parking lots. VIDEO: NRA blasts Mayor Bloomberg Hinting Mob Ties in Virginia Governor's Candidate Ads
David Saltonstall The NRA offered a commercial mocking New York Mayor Bloomberg's efforts to interfere in the Virginia governor's race with an actor portraying a New York mobster warning Virginia voters to do what's best for New York. TerrorismThe Folly of Unilateral Disarmament
Jacob Sullum Neither Smith nor the other victims of Hasan's assault had guns because soldiers on military bases within the United States generally are not allowed to carry them. Last week's shootings, which killed 13 people and wounded more than 30, demonstrated once again the folly of 'gun-free zones,' which attract and assist people bent on mass murder instead of deterring them." Pirates Repelled with Sound Blasts, Guns
Jason Straziuso "Four suspected pirates in a skiff had approached the Maersk Alabama, firing with automatic weapons from about 300 yards away, a statement from the U.S. 5th Fleet in Bahrain said. The ship responded with evasive maneuvers, small-arms fire and a Long Range Acoustic Device, which emits earsplitting tones." An unarmed Maersk Alabama was the opening site of a hostage drama last April later resolved by U.S. Navy snipers. "The U.N.'s Maritime Safety Committee says members should 'strongly discourage the carrying and use of firearms by seafarers for personal protection or for the protection of a ship.' The concern is that bringing guns aboard ship will encourage violence." FederalCatchall bill: Have Guns, will Travel on Amtrak
S.A. Miller and Stephen Dinan The proviso allowing Amtrak passengers to carry firearms in their checked baggage was among the provisions in an omnibus spending bill. Tester Cosponsors Amendment to Strengthen Gun Rights in Health Care Bill
Press Release "If passed, the amendment forbids companies from raising health insurance premiums or denying health care coverage to law-abiding Americans who keep guns in their homes." Gun Violence Prevention Organizations Call on President Obama to Use Executive Authority to Ban Import of Armor-Piercing Pistol Used in Fort Hood Attack
Press Release "America's six national gun violence prevention (GVP) organizations—the Brady Campaign to Prevent Gun Violence, Violence Policy Center, Coalition to Stop Gun Violence, Freedom States Alliance, Legal Community Against Violence, and States United to Prevent Gun Violence—as well as 21 state and regional GVP groups strongly urged President Barack Obama to use his executive powers to ban the import into the U.S. of the FN Herstal Five-seveN armor-piercing semiautomatic pistol." Major Nidal Malik Hasan did not employ armor-piercing ammunition in his murder of thirteen during the Ft. Hood attack. Webb: Criminal Justice Panel Will Be 2010 Legislative PriorityThe
Crime Report "Sen. Jim Webb (D-Va.) says he is determined to get his bill to create a national commission to study criminal justice enacted by Congress early next year. Approval of the measure by the Senate Judiciary Committee has been delayed as other legislation and nominations have taken priority. In the meantime, Webb has had what he called 'intense discussions' with 100 interest groups, many of them law enforcement organizations that believed the initial bill was focused too much on prison issues and too little on police. The bill has been modified, he says." StatesTenn. Demonstrates Trend of Looser Guns Laws
Erik Schelzig "A nationwide review by The Associated Press found that over the last two years, 24 states, mostly in the South and West, have passed 47 new laws loosening gun restrictions." CaliforniaConcealed Weapons Permit Violations Rare, Police Say
Steve E. Swenson "It is rare for someone who has a concealed weapon permit to be subsequently charged with shooting someone or at someone, Sheriff Donny Youngblood said." San Francisco Housing Authority Complies with NRA Mandated Lease Revision Eliminating Ban on Firearms in Public HousingC.
D. Michel The San Francisco Housing Authority and the John Stewart property management company it employs have begun notifying residents of public housing properties of the restoration, thanks to a suit, of their right to possess firearms at home. ColoradoColorado Senate News: Republicans back CSU Students in Struggle to Preserve On-Campus Concealed Carry Policy
ColoradoSenateNews.com The Colorado Republican party here announces its plan to support Colorado State University students opposing the University's governors, who have voted to deny them their state right to concealed carry upon the University campus. IllinoisIL State Police Respond, Promise Critics "Comprehensive Review" of Controversial Web PageDon
Gwinn After ignoring earlier criticism, the Illinois State Police have agreed to review the content of a web page warning female victims of sexual assault against defending themselves. MarylandMaryland Judges Uphold State Anti-Handgun Law
Declan McCullagh "A three-judge panel ruled last Thursday that the Second Amendment does not interfere with a Maryland law that generally restricts state residents from carrying handguns. That's not much of a surprise. What is remarkable is that Judge Albert Matricciani went out of his way to write that even if the Second Amendment applied to state laws, Maryland's statute would be perfectly constitutional in the wake of the U.S. Supreme Court D.C. v. Heller decision last year to invalidate the District of Columbia's handgun ban." New JerseyNew Jersey Lawmakers Move to Exempt Gun Stores from One-gun-per-month Law
Derek Harper "A panel of legislators took the first step to exempt licensed gun stores, manufacturers and wholesalers from the state's pending one-gun-per-month law." New YorkNew York State Rifle & Pistol Association Announces January 2010 2nd Amendment Advocacy Day in Albany
Press Release "All freedom-loving New Yorkers are invited for a day to celebrate and advocate for 2nd Amendment civil rights in the State legislature. The New York State Rifle & Pistol Association and Assembly Minority Leader Brian M. Kolb announce a day of celebration and advocacy of the 2nd Amendment in Albany with NRA Executive Vice President Wayne LaPierre." CasesFederal Appeals Court Rules Against D.C. in Gun Suit
Mike Scarcella "A federal appeals court today revived a suit filed by the owner of a Virginia security company who was targeted, but not arrested, for prosecution in the District of Columbia on an unregistered firearms charge." Federal Judge Rules Concealed Carry is Probable Cause of Criminal ActivityEd
Stone "Northern District of Georgia federal judge Thomas W. Thrash Jr. ruled today that carrying a firearm on MARTA justifies forcible detention by the police, in a federal civil rights lawsuit filed over the half hour long detention and disarmament of GeorgiaCarry.Org member Christopher Raissi." MARTA is the Metropolitan Atlanta Rapid Transit Authority, a concealed carry permit holder was interrogated by police when they saw his weapon before he boarded a train. Michigan Court Upholds No-Guns-For-Felons State Law
Declan McCullagh Michigan's court of appeals has ruled that the law forbidding possession of a firearm during the commission of a felony is in accordance with the state constitution's right to keep and bear arms. Ohio Court of Appeals Strikes Down State Preemption of Local Gun Laws
Eugene Volokh "But what most surprises me about the decision isn't the substance, but the fact that only one judge signed on to any written opinion — the opinion is labeled as the work of Judge Colleen Conway Cooney, but the other two panel members, Judges Melody J. Stewart and Ann Dyke are labeled as 'concur[ring] in judgment only.' " Cleveland Officials Cheer Appellate Court's Ruling in Firearms Case; Gun-rights Advocate Expects Reversal from Ohio Supreme Court
Henry J. Gomez "In a ruling Thursday, the three-judge panel declared that a 2007 state law unconstitutionally restricted the city's powers to regulate firearms. The judges reversed a lower court's decision to uphold the law, which says that only federal and state codes can limit the right to bear arms." Teacher Loses Appeal to Carry Gun at School
Paris Achen "The court opinion, issued Wednesday by Judge Jack Landau, upheld a November 2007 decision by the Jackson County Circuit Court that affirmed the Medford School District's authority to prohibit employees from carrying firearms on school grounds." Nashville Judge Strikes Down TN Guns-in-bars Law
Clay Carey and Michael Cass "A Davidson County judge ruled Tennessee's controversial guns-in-bars law unconstitutional at a Friday hearing, prompting the state senator who sponsored the legislation to say he will push the issue again when lawmakers return in a few months." McDonald v. City of Chicago � Cert Granted SCOTUScast Debate
Clark Neily, Kurt T. Lash, Nelson Lund Discussing the Privileges or Immunities question, the Federalist Society had Institute for Justice Senior Attorney Clark Neily debate Loyola Law School Professor Kurt Lash. George Mason University School of Law Professor Nelson Lund moderated the discussion, which can be found as a podcast on this page. ResearchGuns and suicide: International Perspective
Howard Nemerov "The correlation between civilian firearms ownership and suicide rates is weak at best. While it remains possible that more suicides may have occurred were firearms available, there clearly are other factors driving the need to kill oneself than method." Crime Guns Increasingly Available, Police Departments ReportThe
Crime Report "Guns are increasingly available for use in crimes, including large-caliber handguns and assault weapons, a Police Executive Research Forum survey found. The results were reported by PERF director Chuck Wexler at a national 'summit; on guns and crime yesterday in Washington, D.C. Of more than 100 police departments that answered a survey, more than 30 percent said gun availability had increased in their areas." Rap Sheet: Why is American History so Murderous?
Jill Lepore "The United States has the highest homicide rate of any affluent democracy, nearly four times that of France and the United Kingdom, and six times that of Germany. Why? Historians haven't often asked this question." NRA debunks contrived gun poll results— Media doesn't care
David Codrea An apparent, but illusory, gulf between the NRA's policies and the beliefs of NRA members made manifest in a poll was the result of carefully-worded questions. Book Looks at How Citizen-to-citizen Communication Changed Gun PolicyJon
Strunk "Patrick's book emphasizes the impotency of large media organizations — even at a time before their demise was predicted nightly on blogs — as the reporting on gun issues and culture of the time had little relation to the changes in law and the shift of society's mood." Rise of the Anti-Media will soon be released from Lexington books through major booksellers. NRA v. City of Chicago: Does the Second Amendment Bind Frank Easterbrook?
Richard A. Epstein "In NRA v. City of Chicago, Judge Easterbrook held that the Second Amendment, which protects the right to keep and bear arms, did not bind state governments. This article examines the reasoning that he uses to reach that result, which it contrasts with the style of argumentation that led to the opposite conclusion in Judge O'Scannlain's decision in Nordyke v. King. Easterbrook's approach emphasized the imperative need for lower court deference to the Supreme Court's explicit Reconstruction Era holdings that the Second Amendment does not bind the states, even after the Supreme Court's game-changing decision in District of Columbia v. Heller and thus gave only scant attention to the various historical authorities that O'Scannlain referred to in Nordyke. On balance it appears that Easterbrook is against incorporation on a variety of historical and federalism grounds, none of which are likely to prevail when the Supreme Court addresses the issue of incorporation when it hears the case later in the 2009 October Term." Joyce Foundation Funded OSU 2nd Amendment Center Expires
Randy Barnett "This 'scholarly' center was one of the initiatives funded by the Joyce Foundation to support writings that opposed the academic consensus that had previously arisen that the original meaning of the Second Amendment protected an individual right. Readers of this blog will remember the infamous Joyce Foundation funded symposium at Chicago Kent from which any dissenting scholars were excluded in the interest of 'balancing' all the rest of Second Amendment scholarship."
This newsletter is compiled with help from Dr. Rob S. Rice. For more on
this anagogical, yet abstruse individual, see here: Al Qaeda delenda est! |
