The Positive Second Amendment

Reviews / Votes

'Does the Second Amendment protect a right to carry stun guns? Does it allow state lawmakers to proscribe the carrying of concealed firearms by visitors holding concealed-carry licenses from other states? In the decade since the Supreme Court found an individual constitutional right to possess firearms for personal protection in the Heller case, lower courts have been grappling with the ruling's myriad implications. The Positive Second Amendment describes the resulting body of law. Like the Heller decision itself, that body of law does not establish an absolute right. In this engaging tour of the legal landscape, Joseph Blocher and Darrell Miller remind readers that the legal Second Amendment affords citizens considerable room to argue over the appropriate dimensions of federal, state, and local gun-control law and policy.' Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University Law School, New York 'Joseph Blocher and Darrell A. H. Miller's new book makes it clear that the future of Second Amendment law requires fashioning a jurisprudence that acknowledges that robust regulation of basic rights is not an anomaly in American law it is the norm. The Positive Second Amendment charts a broad middle ground between the often shrill and ideologically driven arguments that dominate the public debate over the contentious issue of guns in America. Anyone interested in understanding the right to bear arms and in contributing to a constructive debate about how to honor the rights of gun owners and further the Second Amendment's goal of promoting 'the security of a free state' needs to read this book carefully, and think hard about its analysis and recommendations.' Saul Cornell, Paul and Diane Guenther Chair in American History, Fordham University, New York 'The Supreme Court delivered two opaque decisions in 2008 and 2010 recognizing the Second Amendment right to keep and bear arms. However, the decisions left open a host of practical questions about who (and what) is protected by the Amendment. Professors Blocher and Miller have written an absolutely superb book examining the issues that remain to be resolved as the Supreme Court decisions, which have now generated over 1,000 cases in state and federal courts, receive further analysis. This is a remarkably well-written and accessible book that will be indispensable not only for all academics teaching anything about 'gun rights' and 'gun control', but also, and probably more importantly, for any general reader looking for illumination about what remains one of the most divisive issues in American law and politics.' Sanford Levinson, author of An Argument Open to All: Reading the Federalist in the 21st Century '... a significant contribution to our understanding of the Second Amendment and the way we should approach understanding its impact on American public policy. This work is particularly relevant in light of the frequency that the public must grapple with the presence of guns in daily life.' Charles F. Jacobs, Law and Politics Book Review