To Trust the People with Arms: The Supreme Court and the Second Amendment

Explores the remarkable and complex legal history of how the right to bear arms was widely accepted during the US’s founding, was near extinction in the late twentieth century, and is now experiencing a rebirth in the Supreme Court in the twenty-first century.

Format: Hardback
Length: 376 pages
Publication date: 06 October 2023
Publisher: University Press of Kansas

In a landmark decision that reverberated across the nation, the Supreme Court ventured into the realm of Second Amendment jurisprudence in 2007, marking a significant turning point after nearly seventy years. The resulting ruling in District of Columbia v. Heller (2008) was a historic moment, as it declared for the first time that a firearms restriction violated the constitutional protections enshrined in the Second Amendment. This groundbreaking decision was swiftly followed by a similar verdict in McDonald v. City of Chicago two years later. However, the Court's commitment to upholding Second Amendment rights reached new heights in 2022 with its landmark decision in New York State Rifle and Pistol Association v. Bruen. This decision, with its far-reaching implications, continues to shape the legal landscape and ignite ongoing debates.

To Trust the People with Arms delves into the intricate and fascinating legal journey of the right to bear arms, tracing its evolution from widespread acceptance during the nation's founding to a near extinction in the late twentieth century. Authors Robert J. Cottrol and Brannon P. Denning skillfully connect the right to bear arms with other pivotal themes in American history, shedding light on its historical significance.

The Second Amendment faced numerous challenges throughout its history, particularly in the face of racism, racial violence, and the extension of gun rights to marginalized groups. The development of modern firearms and the urbanization of society in the twentieth century further complicated traditional notions about the value of an armed population. Cottrol and Denning make a significant contribution by linking the nation's participation in the wars of the twentieth century to the strengthening of American gun culture.

Through a nuanced and sophisticated legal analysis, the authors provide a comprehensive account of the Second Amendment's evolution. They engage legal realism, drawing upon historical evidence and legal precedents to shed light on the complex interplay between the Constitution, societal changes, and the evolving understanding of the right to bear arms. The book offers a rich and nuanced perspective, challenging readers to consider the historical, social, and legal dimensions of this important constitutional amendment.

In conclusion, To Trust the People with Arms is a must-read for anyone interested in understanding the historical, legal, and societal implications of the Second Amendment. It provides a comprehensive and insightful exploration of this critical constitutional provision, challenging readers to consider the complex interplay between the right to bear arms, individual liberties, and the responsibilities of government. This book is a valuable contribution to the ongoing debate about gun control and the protection of constitutional rights in America.

Dimension: 229 x 152 (mm)
ISBN-13: 9780700635719