Out of Range: Why the Constitution Can't End the Battle over Guns [NOOK Book]

Overview

Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument?
In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter ...
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Out of Range: Why the Constitution Can't End the Battle over Guns

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Overview

Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument?
In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation.
This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.
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Editorial Reviews

Library Journal

In the latest in Oxford's "Inalienable Rights" series, Tushnet (William Nelson Cromwell Professor of Law, Harvard Law Sch.; A Court Divided: The Rehnquist Court and the Future of Constitutional Law) addresses a subject dominated by partisans. In explaining the Second Amendment, Tushnet will irritate followers of both the Brady Center to Prevent Gun Violence and the National Rifle Association as he doesn't have an axe to grind, almost unheard of for this topic. He is fair and thorough, interpreting a complicated constitutional argument in plain language with no legalese. Scholarly, readable, and essential forall libraries.


—Michael O. Eshleman
From the Publisher
"Brisk, even-handed, and illuminating discussion...Tushnet has provided a balanced, intelligent, and exceedingly useful guide to the Second Amendment."—The New Republic

"Carefully analyzing text, history, precedent, and ramifications for public policy, Tushnet demonstrates how to wrestle with a difficult question of constitutional interpretation. His lively book will interest everyone who wants to learn how scholars and courts cut through competing claims to decide what the Constitution means."—Carl T. Bogus, Professor of Law, Roger Williams University

"Timely and astute, Out of Range makes us think through the divisive legal arguments about the Second Amendment and face our cultural war over guns."—Joan Burbick, author of Gun Show Nation: Gun Culture and American Democracy

"Brisk, even-handed, and illuminating discussion... Tushnet has provided a balanced, intelligent, and exceedingly useful guide to the Second Amendment."—The New Republic

"Carefully analyzing text, history, precedent, and ramifications for public policy, Tushnet demonstrates how to wrestle with a difficult question of constitutional interpretation. His lively book will interest everyone who wants to learn how scholars and courts cut through competing claims to decide what the Constitution means."—Carl T. Bogus, Professor of Law, Roger Williams University

"Timely and astute, Out of Range makes us think through the divisive legal arguments about the Second Amendment and face our cultural war over guns."—Joan Burbick, author of Gun Show Nation: Gun Culture and American Democracy

"Tushnet (Harvard Law School) writes about the Second Amendment with awareness of what is going on in the courts, at law schools, and in the streets—or in this case, the woods... The book evinces considerable immersion into the worlds of people who own guns, including what they believe, where they live, and how they argue... Highly recommended."—CHOICE

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Product Details

  • ISBN-13: 9780199813711
  • Publisher: Oxford University Press, USA
  • Publication date: 8/7/2007
  • Series: Inalienable Rights
  • Sold by: Barnes & Noble
  • Format: eBook
  • Sales rank: 912,640
  • File size: 2 MB

Meet the Author

Mark V. Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. A former fellow of the John Simon Guggenheim Memorial Foundation, the Woodrow Wilson International Center for Scholars, and the Rockefeller Humanities Program, he has authored eighteen books, including the most widely used casebook on constitutional law, a two-volume biography of Thurgood Marshall, and A Court Divided: The Rehnquist Court and the Future of Constitutional Law.

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