The Case for Repealing the Second Amendment? The Historical Barriers to Constitutional Change

2021 ◽  
Vol 51 (4) ◽  
pp. 595-607
Author(s):  
David T. Konig

The controversy surrounding the Second Amendment—“the right of the people to keep and bear arms”—is, to a large extent, historical in nature, redolent of other matters in this country’s legal and constitutional past. But the historical analogies that might support the Amendment’s repeal do not permit easy conclusions. The issue demands that legal historians venture beyond familiar territory to confront unavoidable problems at the intersection of theory and practice and of constitutional law and popular constitutionalism. An interdisciplinary analysis of Lichtman’s Repeal the Second Amendment illuminates the political, legal, and constitutional dimensions—as well as the perils—of undertaking the arduous amending process permitted by Article V of the U.S. Constitution.

2013 ◽  
Vol 41 (S1) ◽  
pp. 84-87 ◽  
Author(s):  
Jon S. Vernick

The Second Amendment to the U.S. Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Until recently, no federal appellate court had ever struck down any gun law as a violation of the Second Amendment. In fact, even laws outlawing most handgun possession, or restricting other types of firearms, had been upheld, in part, because the laws did not interfere with the functioning of state militias.Then, in 2008, the U.S. Supreme Court — for the first time in nearly 70 years — decided a case squarely addressing the meaning of the Second Amendment. In District of Columbia v. Heller, the Supreme Court concluded that the Second Amendment protected an individual right to own handguns in the home, invalidating a Washington, D.C. law.But Heller left many issues undecided, including the precise scope of the Second Amendment.


2013 ◽  
Vol 45 (1-2) ◽  
pp. 77-108 ◽  
Author(s):  
Leif Magne Lervik

In June 2008, the U.S. Supreme Court ruled that the Second Amendment to the U.S. Constitution guarantees an individual the right to keep and bear arms. Two years later, this decision was also made applicable to state and local governments. Today, seven U.S. states have provisions allowing the carrying of concealed weapons on their public senior high school campuses. This article, introduced by a brief comment on the Second Amendment’s legal and academic history, traces several recent developments of legal change. It discusses relevant arguments and attitudes towards guns on campus, and explores issues of future concern for public colleges and universities within the realm of firearms and campus safety.


1971 ◽  
Vol 18 (4) ◽  
pp. 621-637 ◽  
Author(s):  
Adolf Holl ◽  
Hyacinthe Crépin

Following Vatican II changes are rapidly taking place within Dutch Catholicism — the bishops no longer make decisions in an authoritarian way: religious practice is de clining ; priests and religious are decreasing in numbers and many religious and pastoral experiments have come into being. KASKI has the responsibility of keeping pace with the Church during this process of change. In order to do this it makes use of several modes of work — the production of statistics relating to the position of religion in Society, the planning of religious and pastoral institutions and the study of new forms of the religious life in orders and congregations. For the first task it has used the same instruments for twenty- five years and the censuses thus produced yield valuable infor mation. As far as pastoral planning is concerned, it works in the field, playing the role of catalyst for those who have to make decisions and the people who have to carry out these decisions. This was the case, for instance, in the pastoral planning of the town of Eindhoven. Finally, when dealing with the new forms of communal religious life it adopts the method of studying through participation so that two of its researchers working in this sector are themselves members of religious groups. Applied research poses important problems, both from the methodological and from the political points of view. Amongst them may be noted the difficulty of determining precisely what constitutes rapid change in religious life, and the political choice of the persons for whom the research is being con ducted; the latter inevitably imposes a certain degree of conformity upon the perspectives of the work. (For example, the choice of the Dutch hierarchy which was to follow the general lines given by a large majority of Catholic opinion when it was tested particularly on questions like the liturgical and parochial changes). The fact, also, that the director of KASKI himself has a personal commitment to what may be described as the « right of centre » position in Dutch Catho licism poses problems for the work of the Institute. Political and religious radicalism is not a strong characteristic of the more senior research workers. KASKI is a rare example of a centre which brings socio logists together and uses their professional competence to accompany change in religious institutions.


1928 ◽  
Vol 22 (3) ◽  
pp. 698-705
Author(s):  
James K. Pollock

The elections which were held throughout Germany on May 20, 1928, are of considerable interest and importance not only to Germany but also to the rest of the world. These elections, to be sure, did not have the dramatic interest which attended the Reichstag elections of December, 1924. But they deserve attention for a number of reasons: first, because they are the first elections to be held in the Reich under what may be called normal conditions; second, because elections for five Landtags and several city councils were held at the same time; and third, because the elections gave a further test, and supplied additional evidence of the operation, of the German system of proportional representation.Despite the intensive work of the political parties, the people were not aroused to much enthusiasm during the campaign. The old Reichstag was dissolved before Easter, but not until the last week of the campaign could one detect any excitement. Never before had the electors been bombarded with so much printed matter, posters, and, last but not least, loud-speakers and films. All the modern methods of appealing to the voters were tried by the numerous political parties. There were lacking, however, the overpowering issues and the battlecries which were so effective in 1924. Parades, demonstrations, meetings, and all the rest were carried through successfully on the whole, but they were quite dull and uninteresting. Only the two extreme parties, the National Socialists or Hitlerites on the right, and the Communists on the left, could appear enthusiastic. Nevertheless, the lack of what the Germans call a “grosse Parole” and the lack of excitement are not to be deplored; their absence probably indicates progress toward social and political consolidation.


Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.


Author(s):  
Richard Bradley

How would someone who had been brought up in a roundhouse adapt to life in a rectangular world? The experience of a servant working for a family in Malawi shows how difficult it could be. Her predicament is described in a book entitled Women’s Work in Heathen Lands, published in 1886. Jan Deregowski quotes the following extract:… In laying the table there is trouble for the girl. At home her house is round; a straight line and the right angle are unknown to her or her parents before her. Day after day therefore she will lay the cloth with the folds anything but parallel with one edge of the table. Plates, knives and forks are set down in a confusing manner, and it is only after lessons often repeated and much annoyance that she begins to see how things might be done (Laws 1886, quoted by Deregowski 1973: 180–1)… That simple story introduces a larger issue. Under what circumstances did people make the transition from a world of circular structures to one of squares and rectangles, and how were their lives affected by that process? It is surprising how much attention had been paid to structural changes among ancient buildings and how little to the political and social circumstances in which they happened. One way of approaching this topic is not only studying the advantages offered by new styles of architecture, but also asking which important features might be lost. That is too rarely considered. Many of the approaches described in Chapter 2 emphasized the possibilities offered by the change from circular to rectangular buildings. Houses could be larger and could accommodate more people; they would be easier to maintain; they could be expanded as the number of inhabitants increased and space was subdivided; in many cases rectilinear dwellings could be inhabited over longer periods than roundhouses. None of those arguments is unsatisfactory in itself, but all are incomplete because they do not take into account the motives of the people who chose to live there. Chapter 2 also showed how houses could be used to emphasize subtle distinctions among their inhabitants: differences that were based on age, gender, and social standing.


Author(s):  
Markus Patberg

This chapter takes up the public narrative of ‘We, the multitude of Europe’, which suggests that the only hope for progressive change in the EU lies in a politics of disruption, and asks whether this idea can be defended based on a systematic model. To that end, it resorts to the political theory of destituent power, according to which opposition to or withdrawal from public authority can function as a legitimate trigger for constitutional change. Distinguishing between anti-juridical and juridical conceptions of destituent power, the chapter discusses to what extent the disruptive political strategies put forward by protest movements in the EU can be regarded as justifiable. Focusing on the juridical strand as the more plausible one, it argues that ideas of destituent power as ‘state civil disobedience’ run into a problem of authorization. By contrast, popular sovereignty-based approaches illuminate a neglected dimension of constituent power: the right to dismantle public authorities without the intention to create new ones. While such a model of destituent power in part captures the actions and demands of EU protest movements, it can only complement, not replace, the constructive side of constituent power.


2001 ◽  
Vol 15 (01) ◽  
pp. 88-102 ◽  
Author(s):  
Jason Kaufman

“The Second Amendment is there as a balance of power. It is literally a loaded gun in the hands of the people held to the heads of government.” —NRA field representative Fred Romero, 1990 The right to bear arms is one of the most controversial issues in United States history; it has always been so, though not for the reasons usually cited by contemporaries. It has been customary since at least the late nineteenth century to view military organizations as an extension of the legitimate authority of the state (except in case of unsanctioned resistance). The American experience, however, gives lie to the assumption that there is a clean analytical divide between state and civil society when it comes to military matters.


2004 ◽  
Vol 38 (4) ◽  
pp. 61-67 ◽  
Author(s):  
Porter Hoagland ◽  
Andrew R. Solow

Two recent expert panels, the U.S. Commission on Ocean Policy and the Pew Oceans Commission, have focused on analyzing and proposing solutions to the ocean management problems of the United States. Both panels have come up with concrete and detailed recommendations for mitigating governance problems that have plagued this field for decades. Many of the recommendations are specific and useful, and the panels have provided a service to the nation in constructing them. In this article, we consider the sets of recommendations pertaining specifically to institutions of regional ocean governance. Unlike the majority of recommendations, which are very helpful, we argue that the proposals from both panels for regional ocean governance are not well-developed. We formulate a critique along three lines. First, to be effective, regional institutions must be tailored to the scale of specific problems and focused on those problems. Second, the political entities that comprise the membership of a regional institution must have tangible incentives to participate in decision making. Third, the right to use the resources of those areas of the ocean under U.S. jurisdiction belong to the nation, not to any particular region. We conclude that the nation must pay attention to the lessons of other attempts at regional governance, otherwise it may end up with a system of management that seems simple in concept but merely symbolic in practice.


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