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References and resources for 2nd amendment gun con
Second Amendment resources cited in \Contexts of the Bill of
Rights\ (published by the New York State Commission on the
Bicentennial of the United States Constitution) as
supporting the "individualist" school of thought:
Stuart R. Hays, "The Right to Bear Arms, a Study in Judicial
Misinterpretation," \William and Mary Law Review 2\ (1960):
381-406; Stephen P. Halbrook, "The Jurisprudence of the
Second and Fourteenth Amendments," \George Mason University
Law Review 4\ (1981): 1-69; Robert E. Shalhope, "The
Ideological Origins of the Second Amendment," \Journal of
American History 69\ (1982-83): 599-614; Don B. Kates, Jr.,
"Handgun Prohibition and the Original Meaning of the Second
Amendment," \Michigan Law Review 82\ (1983): 207-73;
Joyce Malcolm, "The Right of the People to Keep and Bear Arms:
The Common Law Tradition," \Hastings Constitutional Law
Quarterly 10\ (1983): 285-314; Halbrook, \That Every Man Be
Armed: The Evolution of a Constitutional Right\ (Albuquerque,
N.M., 1984); Halbrook, "What the Framers Intended: A Linguistic
Analysis of the Right to 'Bear Arms,'" \Law and Contemporary
Problems 49\ (1986): 151-62; Robert E. Shalhope, "The Armed
Citizen in the Early Republic," \ibid\, 125-41; David T. Hardy,
"Armed Citizens, Citizen Armies: Toward a Jurisprudence of
the Second Amendment," \Harvard Journal of Law & Public Policy
9\ (1986): 559-638; Hardy, "The Second Amendment and the
Historiography of the Bill of Rights," \Journal of Law and
Politics 4\ (1987): 1-62; and Halbrook, \A Right to Bear Arms:
State and Federal Bills of Rights and Constitutional Guarantees\
(New York, Westport, Conn. and London, 1989).
Cited as principal works of the "collectivist" school of
thought are:
Peter Buck Feller and Karl L.Gotting, "The Second Amendment:
A Second Look," \Northwestern University Law Review 61\
(1966-67): 46-70; John Levin, "The Right to Bear Arms: The
Development of the American Experience," \Chicago-Kent Law
Review 47\ (1970): 148-67; Roy G. Weatherup, "Standing Armies
and Armed Citizens: An Historical Analysis of the Second
Amendment," \Hastings Constitutional Law Quarterly 2\ (1975):
961-1001; Lawrence Delbert Cress, \Citizens in Arms: The Army
and the Militia in American Society to the War of 1812\ (Chapel
Hill, N.C., 1982); Cress, "An Armed Community: The Origins and
Meaning of the Right to Bear Arms," \Journal of American
History 71\ (1984): 22-41; and Cress, "A Well-Regulated Militia:
The Origins and Meaning of the Second Amendment," in \The Bill
of Rights: A Lively Heritage\, ed. Kukla, 55-65.
\Contexts of the Bill of Rights\ also recommends, "For an
exchange between an exponent of each school, see Robert E.
Shalhope and Lawrence Delbert Cress, 'The Second Amendment
and the Right to Bear Arms: An Exchange,' \Journal of
American History 71\ (1984): 587-93; and for an article that
does not take sides but which surveys (with tables) what the
states have done with respect to the right to bear arms,
see Robert J. Taylor, 'American Constitutions and the Right to
Bear Arms,' \Proceedings of the Massachusetts Historical
Society 95\ (1983): 52-66."
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