Photo from Edgar Allan Poe 's C.
Originally published as 99 Yale L. For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. As most readers can no doubt recall, Manhattan dominates the map; everything west of the Hudson is more or less collapsed together and minimally displayed to the viewer.
Steinberg's great cover depends for its force on the reality of what social psychologists call "cognitive maps. What is true of maps of places--that they differ according to the perspectives of the mapmakers--is certainly true of all conceptual maps.
To continue the map analogy, consider in this context the Bill of Rights: Is there even a canonical text of the Bill of Rights? Does it include the first eight, nine, p. One is a stereo- typical member of the American Civil Liberties Union of which I am a card-carrying member ; the other is an equally stereo- typical member of the "New Right.
The other principal avenues would be the criminal procedure aspects of the Constitution drawn from the Fourth, how to write a character reference letter for pistol permit Fifth,  Sixth,  and Eighth  Amendments.
Also depicted prominently would be the Ninth Amendment,  although perhaps as in the process of construction. It is this last anomaly that I want to explore in this essay. The Politics of Interpreting the Second Amendment To put it mildly, the Second Amendment is not at the forefront of constitutional discussion, at least as registered in what the academy regards as the venues for such discussion--law reviews,  casebooks,  and other p.
As Professor LaRue has recently written, "the second amendment is not taken seriously by most scholars. Neither, however, pays it the compliment of extended analysis.
Both marginalize the Amendment by relegating it to footnotes; it becomes what a deconstructionist might call a "supplement" to the ostensibly "real" Constitution that is privileged by discussion in the text. He asserts that the history of the Amendment "indicate[s] that the central concern of [its] framers was to prevent such federal interferences with the state militia as would permit the establishment of a standing national army and the consequent destruction of local autonomy.
One will find extraordinarily little discussion about another one of the initial Bill of Rights, the Third Amendment: The Third Amendment, to take the easiest case, is ignored because it is in fact of no current importance whatsoever although it did, for obvious reasons, have importance at the time of the founding.
It has never, for a single instant, been viewed by any body of modern lawyers or groups of laity as highly relevant to their legal or political concerns. For this reason, there is almost no caselaw on the Amendment. The Second Amendment, though, is radically different from these other pieces of constitutional text just mentioned, which all share the attribute of being basically irrelevant to any ongoing political struggles.
To grasp the difference, one might simply begin by noting that it is not at all unusual for the Second Amendment to show up in letters to the editors of newspapers and magazines.
The National Rifle Association, to name the most obvious example, cares deeply about the Amendment, and an apparently serious Senator of the United States averred that the right to keep and bear arms is the "right most valued by free men.
This reality of the political process reflects the fact that millions of Americans, even if or perhaps especially if they are not academics, can quote the Amendment and would disdain any presentation of the Bill of Rights that did not give it a place of pride. I cannot help but suspect that the best explanation for the absence of the Second Amendment from the legal consciousness of the elite bar, including that component found in the legal academy,  is derived from a mixture of sheer opposition to the idea of private ownership of guns and the perhaps subconscious fear that altogether plausible, perhaps even "winning," interpretations of the Second Amendment would present real hurdles to those of us supporting prohibitory regulation.
Thus the title of this essay--The Embarrassing Second Amendment--for I want to suggest that the Amendment may be profoundly embarrassing to many who both support such regulation and view themselves as committed to zealous adherence to the Bill of Rights such as most members of the ACLU.
Indeed, one sometimes discovers members of the NRA who are equally committed members of the ACLU, differing with the latter only on the issue of the Second Amendment but otherwise genuinely sharing the libertarian viewpoint of the ACLU. It is not my style to offer "correct" or "incorrect" interpretations of the Constitution.
Thus my general tendency to regard as wholly untenable any approach to the Constitution that describes itself as obviously correct and condemns its opposition as simply wrong holds for the Second Amendment as well.
In some contexts, this would lead me to label as tendentious the certainty of NRA advocates that the Amendment means precisely what they assert it does.
In this particular context--i. That is, we might consider the possibility that "our" views of the Amendment, perhaps best reflected in Professor Tribe's offhand treatment of it, might themselves be equally deserving of the "tendentious" label.
The Rhetorical Structures of the Right to Bear Arms My colleague Philip Bobbitt has, in his book Constitutional Fate,  spelled out six approaches--or "modalities," as he terms them--of constitutional argument. These approaches, he argues, comprise what might be termed our legal grammar.
They are the rhetorical structures within which "law-talk" as a recognizable form of conversation is carried on. The six are as follows: The sixth, which emphasizes the ethos of limited government, does not play a significant role in the debate of the Second Amendment.
Text I begin with the appeal to text.
Recall the Second Amendment: What is special about the Amendment is the inclusion of an opening clause--a preamble, if you will--that seems to set out its purpose. No similar clause is a part of any other Amendment,  though that does not, of course, mean that we do not ascribe purposes to them.The electronic edition is a part of the UNC-CH digitization project, Documenting the American South.
The text has been encoded using the recommendations for Level 4 of the TEI in Libraries Guidelines. I think that we can immediately agree that the revolver looks much more antiquated while the semi-auto has a decidedly modern look. Though relatively modern, the revolver elicits images of cowboys at OK Corral while the semi-auto looks like the kind of firearm modern police and military forces would carry.
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So far, the complete series is out on DVD and Blu-Ray in Europe on 18 November , five days after its finale, and now it's been released in the United States as well: Seasons (in the Early Cases Collection) were released on 23 October , followed by the rest of the series (Seasons ) in the Final Cases Collection, released along with the Complete Cases Collection on 4 November Vol.
XX. Norwalk, Ohio, Tues., Jan. 1, No. Mormon State. William Smith, brother to the founder and Prophet, now the self-styled head of the church of Latter Day Saints, asserts in a communication to the Cincinnati Commercial, that the Salt Lake Mormons will not be content with anything less than a free and independent government.
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