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November 5, 2009, 01:28 PM | #1 |
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Dennis Hennigan, the brains of the Brady Bunch?
I just read an interesting article by Dave Kopel where he reviews the latest anti-gun books from Dennis Hennigan (Brady) and Josh Horowitz (VPC).
http://davekopel.org/2A/Mags/Gun-Banner-Books.pdf In the article, he points out that Hennigan was one of the first on the anti-gun side to try and re-frame the collective rights argument into a very, very, very narrow; but individual rights interpretation and that he started the scholarship for this in the 1990s. Given that the dissenting Justices of the Heller Court completely discounted the collective rights theory and did in fact adopt the "narrow individual rights" theory (which had the same result as the collective rights theory), it would suggest that Dennis Hennigan is somebody to keep an eye on. For one, I would never have dreamed in the 1990s amidst the AWB, Brady Bill, Lautenberg, FFLs being pushed out of business, etc. that the soundness of the collective rights theory might be challenged successfully and how an individual right could be read so narrowly as to destroy the right entirely. Hennigan apparently not only saw that possible threat lurking in the midst of overwhelming success, he started developing the groundwork that the Heller dissent was based on. For that reason, Kopel suggests it is instructive to look at what arguments Hennigan advances and what arguments he has abandoned in his attempts to restrict the Second Amendment. |
November 5, 2009, 05:59 PM | #2 |
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That's actually a fascinating idea. Hmm.
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November 5, 2009, 06:32 PM | #3 | |
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Bart, in Volume 56, Issue #5 of the UCLA law review, is an article by Dennis A. Henigan, entitled, The Heller Paradox. Abstract follows:
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November 5, 2009, 06:41 PM | #4 | |
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Quote:
The atmosphere started shifting ever so slightly in the 1990's. We all had our moments, but for me, it was Clayton Cramer's Racist Roots of Gun Control. I could show an academic that there was viable, thorough historical research to prove my claims. They still didn't want to give ground, and they were fundamentally incapable of saying, "wow, you've given me food for thought." Instead, they'd refine or redirect their arguments. That said, a year before Heller, the Brady/VPC axis was largely sticking to the "collective rights" argument. When Heller started gaining steam and it looked as if "collective rights" was going the way of the Dodo and Huey Lewis, they started trying to tailor the individual right as narrowly as possible. I received one email from them (yes, I'm on their list) the week after the decision in which they claimed victory, citing Scalia's reticence to strike down all gun-control laws. Something about a victory for "commonsense legislation." At this point, they're on the defensive, but it's important to remember that they still have some serious firepower among the academic community.
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