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Still a Hollow Hope: State Power and the Second Amendment
University of Michigan Press, 2022 Cloth: 978-0-472-07560-7 | Paper: 978-0-472-05560-9 | eISBN: 978-0-472-22066-3 Dewey Decimal Classification 344.730533
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
Federalism still matters See other books on: Firearms | Political questions and judicial power | Social Policy | Sociological jurisprudence | United States. Supreme Court See other titles from University of Michigan Press |
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![](https://www.bibliovault.org/thumbs/978-1-55849-894-5-thumb.jpg ""Uncle Tom's Cabin" and the Reading Revolution: Race, Literacy, Childhood, and Fiction, 1851-1911")
Still a Hollow Hope: State Power and the Second Amendment
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE
by Anthony D Cooling
University of Michigan Press, 2022
Cloth: 978-0-472-07560-7
Paper: 978-0-472-05560-9
eISBN: 978-0-472-22066-3
Cloth: 978-0-472-07560-7
Paper: 978-0-472-05560-9
eISBN: 978-0-472-22066-3
Federalism still matters
AUTHOR BIOGRAPHY
Anthony D. Cooling is a Budget and Revenue Officer.
REVIEWS
“Building on Rosenberg’s Hollow Hope and Elazar’s measures of political culture, Cooling explores the effect of the Supreme Court’s Heller and McDonald decisions on the level of gun ownership. Combining nationwide quantitative data with three qualitative state studies, Cooling presents a nuanced, detailed, and comprehensive examination of how states responded to the Court. The provocative and counterintuitive findings may surprise the reader.”
—Gerald N. Rosenberg, author of The Hollow Hope (3rd Edition forthcoming Spring 2023)
— Gerald N. Rosenberg—Gerald N. Rosenberg, author of The Hollow Hope (3rd Edition forthcoming Spring 2023)
“This book is a careful and convincing application, elaboration, and extension of Gerald Rosenberg’s original theory of the limited capacity of the Supreme Court to effect significant change. Here too, the author finds that the Court does little more than reflect with shifting political cultures. It is a must read for anyone interested in political change and the Supreme Court. A stunning achievement.”
—Malcolm Feeley, Jurisprudence and Social Policy Program, School of Law, UC Berkeley
— Malcolm Feeley—Malcolm Feeley, Jurisprudence and Social Policy Program, School of Law, UC Berkeley
TABLE OF CONTENTS
List of Tables
List of Figures
List of Appendices
Introduction
PART I: THEORY
1. Literature Review and Theory
The Impact of Rosenberg’s The Hollow Hope
Rosenburg’s Theory as a Set of Testable Hypotheses
Elazar’s Political Culture Theory
2. Research Design and Methods
Rosenburg’s Methodology
Nationwide Statistical Analysis
Descriptive Statistics
Regression
Case Study Choice
PART II: TESTS AND ANALYSES
3. Testing of the Dynamic and Constrained Court Theories
Court Action
Was there Ample Legal Precedent Prior to Heller and McDonald as Per the Constrained Court Theory?
4. Support from the Legislature and the Executive
Presidential Support a Must for the Constrained Court Theory
Controlling the Courts: The End of the Gun Tort Litigation and the Appointment Process Brings the Courts in Line
Discussion: Road to Heller and McDonald
Hypothesis H2 is Supported
5. Public Support
Public Support Through Firearm Ownership and Use
Hypothesis H3 is Supported
6. Incentives and Market Forces
Market Forces
Taxing Power
Insurance Requirements
More Guns Than People
Internet Facilitated Commerce
Threats to the Market: De-Platforming and Corporate Gun Control
Capitalism is About Profit AND Loss
7. Resistance of Washington, D.C. To Court Orders
Backlash
8. Conclusion on the National Level Testing of the Constrained Court Theory
PART III: CASE STUDIES
9. Illinois – A State Of Conflict
Political Culture Histography and Federalism
Illinois Settlement Patterns
Opinion Divide Between Political Culture Types in Illinois
Chicago and Downstate Divide on Guns
Sanctuary Counties and Municipalities
Testing the Dynamic and Constrained Court Theories in Illinois
Incorporation
Implementation of McDonald in Illinois
Not Backlash, per se, but Resistance to Change
Conclusion on Illinois
10. “Come And Get Them!” – Texas and Guns
Texas’ History Leads to Support for the Second Amendment
Origins of Texas
Texas Gun Culture and Pre-and Post-Revolution
Texans’ Armed Society: Citizen Militias and Honor Culture
Texas’ Hierarchical Structure
Texas into the Union, the Civil War, and Reconstruction
Reconstruction
End of Reconstruction
Closing the Frontier
Texas and the Right to Keep and Bear Arms in the 20th Century and Beyond
Modern Texas and Gun Rights
Testing the Constrained Court and Dynamic Court Theories in Texas
Conclusion on Texas
11. California and the Future of Gun Control, Vanguard or Rearguard Action?
Spanish California
From Mexican California to American California
California from the Civil War until the 20th Century
The Tinseltown Dream Factory and Guns
Hollywood’s Schizophrenic Relationship with Guns
California’s Demographic Transformation
California as a Bellwether
Testing the Dynamic and Constrained Court Theories in California
Conclusion on California
PART IV: STILL A HOLLOW HOPE
12. Cultural Variation Matters
Looking Ahead
13. Final Thoughts
Appendix A. Timeline
Appendix B. State Political Culture and Brady Score Index
Appendix C. Brady Gun Control Scoring Methodology
Bibliography
List of Figures
List of Appendices
Introduction
PART I: THEORY
1. Literature Review and Theory
The Impact of Rosenberg’s The Hollow Hope
Rosenburg’s Theory as a Set of Testable Hypotheses
Elazar’s Political Culture Theory
2. Research Design and Methods
Rosenburg’s Methodology
Nationwide Statistical Analysis
Descriptive Statistics
Regression
Case Study Choice
PART II: TESTS AND ANALYSES
3. Testing of the Dynamic and Constrained Court Theories
Court Action
Was there Ample Legal Precedent Prior to Heller and McDonald as Per the Constrained Court Theory?
4. Support from the Legislature and the Executive
Presidential Support a Must for the Constrained Court Theory
Controlling the Courts: The End of the Gun Tort Litigation and the Appointment Process Brings the Courts in Line
Discussion: Road to Heller and McDonald
Hypothesis H2 is Supported
5. Public Support
Public Support Through Firearm Ownership and Use
Hypothesis H3 is Supported
6. Incentives and Market Forces
Market Forces
Taxing Power
Insurance Requirements
More Guns Than People
Internet Facilitated Commerce
Threats to the Market: De-Platforming and Corporate Gun Control
Capitalism is About Profit AND Loss
7. Resistance of Washington, D.C. To Court Orders
Backlash
8. Conclusion on the National Level Testing of the Constrained Court Theory
PART III: CASE STUDIES
9. Illinois – A State Of Conflict
Political Culture Histography and Federalism
Illinois Settlement Patterns
Opinion Divide Between Political Culture Types in Illinois
Chicago and Downstate Divide on Guns
Sanctuary Counties and Municipalities
Testing the Dynamic and Constrained Court Theories in Illinois
Incorporation
Implementation of McDonald in Illinois
Not Backlash, per se, but Resistance to Change
Conclusion on Illinois
10. “Come And Get Them!” – Texas and Guns
Texas’ History Leads to Support for the Second Amendment
Origins of Texas
Texas Gun Culture and Pre-and Post-Revolution
Texans’ Armed Society: Citizen Militias and Honor Culture
Texas’ Hierarchical Structure
Texas into the Union, the Civil War, and Reconstruction
Reconstruction
End of Reconstruction
Closing the Frontier
Texas and the Right to Keep and Bear Arms in the 20th Century and Beyond
Modern Texas and Gun Rights
Testing the Constrained Court and Dynamic Court Theories in Texas
Conclusion on Texas
11. California and the Future of Gun Control, Vanguard or Rearguard Action?
Spanish California
From Mexican California to American California
California from the Civil War until the 20th Century
The Tinseltown Dream Factory and Guns
Hollywood’s Schizophrenic Relationship with Guns
California’s Demographic Transformation
California as a Bellwether
Testing the Dynamic and Constrained Court Theories in California
Conclusion on California
PART IV: STILL A HOLLOW HOPE
12. Cultural Variation Matters
Looking Ahead
13. Final Thoughts
Appendix A. Timeline
Appendix B. State Political Culture and Brady Score Index
Appendix C. Brady Gun Control Scoring Methodology
Bibliography
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