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Second Amendment Commons

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Full-Text Articles in Second Amendment

Double-Barreled Prosecution: Linking Multiple Section 924(C) Violations To A Single Predicate Offense, Christopher L. Robbins Nov 1996

Double-Barreled Prosecution: Linking Multiple Section 924(C) Violations To A Single Predicate Offense, Christopher L. Robbins

Vanderbilt Law Review

Violent crime involving the use of firearms has risen dramatically during the past few decades. Recent congressional efforts to address this problem have focused almost exclusively on gun control as the appropriate solution, leading to the imposition of waiting periods for the purchase of firearms and complete bans on the production of certain assault weapons. Attempting to remove firearms from the hands of criminals, however, is not an exclusive remedy.

One of the natural companion measures to gun control is the imposition of severe sentences for the use of firearms during the commission of violent felonies. Congress adopted this approach …


The Militia Movement And Second Amendment Revolution: Conjuring With The People, David C. Williams Jan 1996

The Militia Movement And Second Amendment Revolution: Conjuring With The People, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson Jan 1996

Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson

Faculty Scholarship

Rights and power in modern American constitutionalism are conceptually interdependent: "We have no way of thinking about constitutional rights independent of what powers it would be prudent or desirable for government to have." In an era where substantive boundaries on federal power seem ephemeral, this suggests that what we call rights may be primarily fair weather or illusory barriers to the exercise of power.From a majoritarian perspective, the shifting boundary between rights and powers, and the capacity of power to consume rights, may be unproblematic and even attractive. If the exercise of plenary power reflects majority will, then this exercise …