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From a Duty to a Right: The Political Development of the Second AmendmentKaminski, Courtney January 2023 (has links)
Thesis advisor: Marc Landy / This dissertation addresses the question of how the issue of gun rights is debated and resolved in American politics. While the Supreme Court’s landmark ruling in District of Columbia v. Heller (2008) has often been described as a distinct political win for gun rights advocates, it left open crucial political and regulatory questions that remain unsettled, including the constitutional permissibility of gun control measures and the proper balance between state and federal authority in establishing those parameters. This dissertation provides an account of the Second Amendment’s political development and its interpretation as a civic, state, collective, and individual right, and how shifts in interpreting the right to keep and bear arms have changed the way competing claims of gun rights and gun control are reconciled through the political process. Doing so aligns the Second Amendment with other major changes in American politics – outside of the courts – including the growing role of the federal government, the increase in polarization and the importance of cultural issues to partisan politics, and the rise of the gun rights movement as a pivotal political force. Using the lens of American political development, this dissertation is structured to identify critical junctures over time when changing interpretations of the Second Amendment transformed the politics of gun control, which include policy changes, partisan realignment, and broader patterns of federalism. Detailed historical and legal research of primary sources was conducted, including analysis of newspapers, journals, correspondence, as well as early state constitutions, records from the Constitutional Convention, briefs from state legislatures regarding gun regulation, and relevant court cases. Based on this research, the evidence is sufficiently compelling to support the collectivist reading of the Second Amendment rather than the individual rights interpretation. In other words, the Second Amendment was intended to protect the states from federal encroachment by guaranteeing their right to arm their militias – not to grant an individual right – a position that was subsequently maintained by the courts until District of Columbia v. Heller (2008) overturned decades of precedent, further complicating the already contentious issue of gun rights in American politics.
Chapter One focuses on the historical and intellectual origins of the right to bear arms that influenced early state constitutions and gun regulations. Chapters Two through Four discuss the nature of arms-bearing during the Revolutionary era; the debates surrounding the drafting and ratification of the Second Amendment; and the crucial role of the state militia system to early notions of republican government. Subsequent chapters provide an account of the changing nature of the state militia system, ultimately resulting in the formation of the National Guard; early legal interpretations of the right to bear arms, including whether the Second Amendment applied to the states; and a comprehensive account of federal gun legislation. From there, Chapter Seven discusses the development of collective rights theory and the Supreme Court’s traditional position on the Second Amendment. Chapters Eight and Nine turn to the rise of the gun rights movement; the establishment of the National Rifle Organization as an influential political actor and how the Second Amendment was politicized to advance its cause; changes to federal gun legislation; and the development of individual rights theory and its influence on the partisan debate about gun control, including a literature review to account for the “New Standard Model” of Second Amendment scholarship. Chapter Ten analyzes the milestone decisions District of Columbia v. Heller (2008) and McDonald v. Chicago (2010) and also provides a detailed account of the process of incorporating the Second Amendment against the states, arguing that even though the Supreme Court established the individual right to keep and bear arms, its traditional interpretation as a states’ right must be maintained in the interest of federalism. The Conclusion further advances this assertation, contending that the intense debate about gun rights in American politics could be tempered by allowing the states greater latitude to regulate both gun control and gun rights. Under a federalized system of well-regulated liberty that emphasizes state autonomy, the states would be free to either limit or expand the right to keep and bear arms based on the demands of their constituents, which balances the politics of gun control with the constitutional protections of the Second Amendment. / Thesis (PhD) — Boston College, 2023. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Political Science.
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D.C. v. HELLER and the Right to Arms in a Free State: A Fresh Perspective On the Second AmendmentStrother, Logan Ray 01 May 2012 (has links)
In 2008, the Supreme Court announced its decision in the landmark Second Amendment case, D.C. v. Heller. In its decision, the Court construed the scope of the right to bear arms for the first time. To that end, the Court found that the right to arms is an individual right, unconnected with military service. In this essay, I use the opinion of the Court and the dissents thereto as a lens by which to view the history and historiography of the right to bear arms, as well as the Supreme Court's jurisprudence on the subject. In the course of this analysis, I argue that there are numerous problems with the Court's reasoning, as well as that of the dissents. Further, complications and ambiguities in the historical record have contributed to the misunderstanding of the original meaning of the Second Amendment and its appropriate interpretation as part of the Constitutional text. I argue that the proper interpretation of the Second Amendment is one that construes the right as robust and individual, worthy of its place in the Bill of Rights, but certainly subject to reasonable regulation.
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“Good Guys”: The Ethical Lives of Gun OwnersDunseith, Bradley Thomas January 2016 (has links)
Gun rights activists in the United States have been incredibly successful in opposing state regulation and restrictions on firearms. Activists argue that violence in the U.S. will subside not through firearm restrictions but by allowing “good” people to continue to buy, possess, and carry guns who will then be able to stop “bad” people from committing violence. Based on participant-observation with a grass-roots, gun rights organization in the state of Georgia, this thesis critically examines what it means to be a “good” gun owner. I argue that gun owners cultivate themselves ethically by learning new skills which disproportionately prioritize anonymous human attacks as the most concerning threat to one’s physical and social integrity. I further show the implications of such a worldview as being enacted in gun owners’ everyday lives.
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The National Rifle Association In Context: Gun Rights in Relation to the National Security StateYoung, Catherine L 01 January 2014 (has links)
The National Rifle Association (NRA) has dominated the debate over gun rights since the late 1960s. In many ways, its political power is unassailable. However, a historical analysis of the NRA's deeply rooted connection to the operations of the American government proves this has not always been so. This thesis is an examination of the mission and actions of the NRA through the lens of the government's expansion of power during and beyond the Cold War.
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Gauging Gun-Based Social Movements Frames: Identifying Frames through Topic Modeling and Assessing Public Engagement of Frames through Facebook Media PostsPrasanna, Ram 07 1900 (has links)
The lack of success of the gun control movement and the success of the gun rights movement in the United States have prompted research into the root causes. Although the political infrastructure, organizational resources, and public interest prove to be important factors in a social movement's success, how each social movement frames their arguments is extremely important for proposing policy initiatives and garnering support. In order to understand how gun control and gun rights organizations frame their arguments this study does two things: (1) performs topic modeling on the six gun control organizations' and three gun rights organizations' press statements to see the frames that each social movement engages in, and (2) identifying these frames in the most popular gun control and gun rights organizations on Facebook to predict likes, comments, and shares. This study is able to identify the top frames in the gun control and gun rights social movements and see how followers of each of these movements engage with each of these frames on Facebook.
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