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Gunfight: The Battle over the Right to Bear Arms in America Gunfight: The Battle over the Right to Bear Arms in America by Adam Winkler
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“Federal gun control of the twentieth century has made machine guns unusual and uncommon, while the absence of serious restrictions on the availability of handguns has given people the opportunity to choose them for self-defense. The scope of the Second Amendment’s protections was not, in other words, defined by the original meaning of the Constitution. The protections were shaped instead by the marketplace choices of twentieth-century consumers, made within the confines of contemporary government regulation.”
Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America
“In Ex parte Milligan, decided in 1866, the Court held unconstitutional the North’s policy of using military tribunals instead of civilian courts to try citizens charged with attempting to sabotage the war effort. In Ex parte Garland, decided the next year, the Court struck down a law barring former members of the Confederacy from serving in federal office. In Bill Cruikshank’s case, the Court disregarded what John Bingham said was the very purpose of the Fourteenth Amendment and held that it did not in fact make the Bill of Rights enforceable against the states. “The second amendment declares that it shall not be infringed; but this . . . means no more than it shall not be infringed by Congress,” the Court explained.”
Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America