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in the 1770s, 3% in the 1780s and 0% in the 1790s. Stephen Halbrook, That Every Man
be Armed (Albuquerque, NM 1984); Randy Barnett and Don Kates, “Under Fire: The
New Consensus On The Second Amendment” Emory Law Journal 45 (1996): 1139-259.
Both authors also make much of the decision of John Adams to quote another passage
from Beccaria in the context of his defense of the Boston Massacre, L. Kinvin Wroth and
Hille B. Zobel, eds., Legal Papers of John Adams (Cambridge, MA 1965) 3:242. For
another individual rights scholar who falls into the Jeffersonian fallacy, see L. A. Powe,
“Guns, Words, and Constitutional Interpretation” William and Mary Law Review 38
“Virginia Declaration of Rights,” Philip Kurland and Ralph Lerner, eds., Founders
Constitution (Chicago, 1987)I:6. Julian P. Boyd, ed., The Papers of Thomas Jefferson
(Princeton, N.J. 1950---) 1: 333,336
Don Higginbotham, “The Second Amendment in Historical Context” Constitutional
Constitution Commentary 16 (1999): 263-68; Jack N. Rakove, “The Second
Amendment as the Highest State of Originalism, ” Chicago- Kent Law Review 76 (2000): 129-32.
Saul Cornell, “Commonplace or Anachronism: The Standard Model, the Second
Amendment, and the Problem of History in Contemporary Constitutional Theory”
Constitutional Commentary 16 (1999): 221-46.
For examples of individual rights scholarship that might be characterized in these
terms, see Kates and Barnett, “Under Fire” and Nelson Lund, “The Ends of Second
Amendment Jurisprudence: Firearms Disabilities and Domestic Violence Restraining
Orders” Texas Review of Law & Politics 4(1999): 157-91. For a sampling of