Gunfight: The Battle over the Right to Bear Arms in America

W. W. Norton & Company
3
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A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
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About the author

Adam Winkler is a professor at UCLA School of Law, where he specializes in American constitutional law. His scholarship has been cited by the Supreme Court of the United States and his writing has appeared in the New York Times, Wall Street Journal, Washington Post, Los Angeles Times, New Republic, Atlantic, Slate, and Scotusblog.

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Additional Information

Publisher
W. W. Norton & Company
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Published on
Sep 19, 2011
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Pages
361
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ISBN
9780393082296
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Features
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Language
English
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Genres
History / United States / 21st Century
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Content Protection
This content is DRM protected.
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The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives.

Now, The Politically Incorrect Guide to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies.

In The Politically Incorrect Guide to the Constitution, Professor Kevin Gutzman explains how the Constitution:
Was understood by the founders who wrote it and the people who ratified it. Follows the Supreme Court as it uses the fig leaf of the Constitution to cover its naked usurpation of the rights and powers the Constitution explicitly reserves to the states and to the people. Slid from the Constitution's republican federal government, with its very limited powers, to an unrepublican "judgeocracy" with limitless powers. How the Fourteenth Amendment has been twisted to use the Bill of Rights as a check on state power instead of on federal power, as originally intended. The radical inconsistency between "constitutional law" and the rule of law. Contends that the judges who receive the most attention in history books are celebrated for acting against the Constitution rather than for it.
As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the founding fathers' vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the "received wisdom" about what constitutional law is. The Politically Incorrect Guide to the Constitution is an important step in that direction.

Widely acclaimed at the time of its publication, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights.

At a time of increasing gun violence in America, Waldman’s book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers.

The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men—who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the twentieth century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun.

The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions.

In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.
From America’s preeminent columnist, named by the Financial Times the most influential commentator in the nation, the long-awaited collection of Charles Krauthammer’s essential, timeless writings.
 
A brilliant stylist known for an uncompromising honesty that challenges conventional wisdom at every turn, Krauthammer has for decades daz­zled readers with his keen insight into politics and government. His weekly column is a must-read in Washington and across the country. Now, finally, the best of Krauthammer’s intelligence, erudition and wit are collected in one volume.
 
Readers will find here not only the country’s leading conservative thinker offering a pas­sionate defense of limited government, but also a highly independent mind whose views—on feminism, evolution and the death penalty, for example—defy ideological convention. Things That Matter also features several of Krautham­mer’s major path-breaking essays—on bioeth­ics, on Jewish destiny and on America’s role as the world’s superpower—that have pro­foundly influenced the nation’s thoughts and policies. And finally, the collection presents a trove of always penetrating, often bemused re­flections on everything from border collies to Halley’s Comet, from Woody Allen to Win­ston Churchill, from the punishing pleasures of speed chess to the elegance of the perfectly thrown outfield assist.
 
With a special, highly autobiographical in­troduction in which Krauthammer reflects on the events that shaped his career and political philosophy, this indispensible chronicle takes the reader on a fascinating journey through the fashions and follies, the tragedies and triumphs, of the last three decades of American life.
Newtown. Columbine. Virginia Tech. Tucson. Aurora. Gun violence on a massive scale has become a plague in our society, yet politicians seem more afraid of having a serious conversation about guns than they are of the next horrific shooting. Any attempt to change the status quo, whether to strengthen gun regulations or weaken them, is sure to degenerate into a hysteria that changes nothing. Our attitudes toward guns are utterly polarized, leaving basic questions unasked: How can we reconcile the individual right to own and use firearms with the right to be safe from gun violence? Is keeping guns out of the hands of as many law-abiding Americans as possible really the best way to keep them out of the hands of criminals? And do 30,000 of us really have to die by gunfire every year as the price of a freedom protected by the Constitution?

In Living with Guns, Craig R. Whitney, former foreign correspondent and editor at the New York Times, seeks out answers. He re-examines why the right to bear arms was enshrined in the Bill of Rights, and how it came to be misunderstood. He looks to colonial times, surveying the degree to which guns were a part of everyday life. Finally, blending history and reportage, Whitney explores how twentieth-century turmoil and culture war led to today's climate of activism, partisanship, and stalemate, in a nation that contains an estimated 300 million guns––and probably at least 60 million gun owners.

In the end, Whitney proposes a new way forward through our gun rights stalemate, showing how we can live with guns––and why, with so many of them around, we have no other choice.
#1 New York Times Bestseller
#1 Washington Post Bestseller
#1 Wall Street Journal Bestseller

On March 16, 2018, just twenty-six hours before his scheduled retirement from the organization he had served with distinction for more than two decades, Andrew G. McCabe was fired from his position as deputy director of the FBI. President Donald Trump celebrated on Twitter: "Andrew McCabe FIRED, a great day for the hard working men and women of the FBI - A great day for Democracy."

In The Threat: How the FBI Protects America in the Age of Terror and Trump, Andrew G. McCabe offers a dramatic and candid account of his career, and an impassioned defense of the FBI's agents, and of the institution's integrity and independence in protecting America and upholding our Constitution.

McCabe started as a street agent in the FBI's New York field office, serving under director Louis Freeh. He became an expert in two kinds of investigations that are critical to American national security: Russian organized crime—which is inextricably linked to the Russian state—and terrorism. Under Director Robert Mueller, McCabe led the investigations of major attacks on American soil, including the Boston Marathon bombing, a plot to bomb the New York subways, and several narrowly averted bombings of aircraft. And under James Comey, McCabe was deeply involved in the controversial investigations of the Benghazi attack, the Clinton Foundation's activities, and Hillary Clinton's use of a private email server when she was secretary of state.

The Threat recounts in compelling detail the time between Donald Trump's November 2016 election and McCabe's firing, set against a page-turning narrative spanning two decades when the FBI's mission shifted to a new goal: preventing terrorist attacks on Americans. But as McCabe shows, right now the greatest threat to the United States comes from within, as President Trump and his administration ignore the law, attack democratic institutions, degrade human rights, and undermine the U.S. Constitution that protects every citizen.

Important, revealing, and powerfully argued, The Threat tells the true story of what the FBI is, how it works, and why it will endure as an institution of integrity that protects America.

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