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(Forthcoming)

Law and History Review Vol 22 No 1 Spring 2004

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

(1997): 1311-403.

8

“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

9

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.

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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.

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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

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