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  3. Still a Hollow Hope: State Power and the Second Amendment

Still a Hollow Hope: State Power and the Second Amendment

Anthony D. Cooling
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The U.S. Supreme Court increasingly matters in American political life when those across the political spectrum look at the Court for relief from policies they oppose and as another venue for advancing their own policy agendas. However, the evidence is mounting, to include this book in a big way, that courts are more of a sideshow to the culture war. While court decisions, especially Supreme Court decisions, do have importance, the decisions emanating from the Court reflect social, cultural, and political change that occurred long prior to their decision ever being made.

This book tests how much political and social change has been made primarily through Gerald Rosenberg's framework from his seminal work, The Hollow Hope: Can Courts Bring About Social Change, but it also utilizes Daniel Elazar's Political Culture Theory to explain state level variations in political and social change. The findings indicate that while courts are not powerless institutions, reformers will not have success unless supported by the public and the elected branches, and most specifically, that preexisting state culture is a determining factor in the amount of change courts make. In short, federalism still matters.

  • Cover
  • Title Page
  • Copyright Page
  • Dedication
  • Contents
  • List of Figures
  • List of Tables
  • List of Appendixes
  • Acknowledgments
  • Introduction
  • Part I: Theory
    • Chapter 1. Literature Review and Theory
    • Chapter 2. Research Design and Methods
  • Part II: Tests and Analyses
    • Chapter 3. Testing of the Dynamic and Constrained Court Theories
    • Chapter 4. Support from the Legislature and the Executive
    • Chapter 5. Public Support
    • Chapter 6. Incentives and Market Forces
    • Chapter 7. Resistance of Washington, D.C. to Court Orders
    • Chapter 8. Conclusion on the National-Level Testing of the Constrained Court Theory
  • Part III: Case Studies
    • Chapter 9. Illinois: A State of Conflict
    • Chapter 10. “Come and Get Them!” Texas and Guns
    • Chapter 11. California and the Future of Gun Control, Vanguard or Rearguard Action?
  • Part IV: Still a Hollow Hope
    • Chapter 12. Cultural Variation Matters
    • Chapter 13. Final Thoughts
    • Appendix A
    • Appendix B
    • Appendix C
  • Footnotes
  • Bibliography
  • Index
Citable Link
Published: 2022
Publisher: University of Michigan Press
ISBN(s)
  • 978-0-472-22066-3 (ebook)
  • 978-0-472-05560-9 (paper)
  • 978-0-472-07560-7 (hardcover)
Subject
  • Political Science:Race and Politics
  • Political Science:American Politics
  • Political Science:Political Theory

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  • Chapter 14
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  • Chapter 82
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  • concealed carry3
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  • Brady2
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  • Cooling, Anthony7
  • Cronan, Robert6
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A map of the United States that shows which states are individualistic, moralistic, or traditionalistic political culture.

Map of Elazar's Cultural Classification by State

From Chapter 1

Figure 1. Map of Elazar’s cultural classification by state (Lumen n.d.). (Source: LumenLearning.com and Robert Cronan.)

Illustrative layout of the idea that if there is not public support for gun rights, there should not be social change, but there should be social change if there is public support.

Model of Combined Theories

From Chapter 1

Figure 2. Model of combined theories. (Source: Anthony Cooling.)

Cross tabulation of Brady Gun Control Index Scores with the Political Culture Scale showing a general trend that the more traditionalistic a state is, the lower it scores on the gun control scale.

Culture Type by Brady Index Score

From Chapter 1

Figure 3. Culture type by Brady index score. (Source: Anthony Cooling.)

A line fit plot showing that as a state goes from moralistic to traditionalistic, there is a statistically significant change in the state’s ranking on the Brady Index.

Brady Indes Score - 2013 Line Fit Plot

From Chapter 1

Figure 4. Brady index score—2013 line fit plot. (Source: Anthony Cooling.)

Results of Gallup polling that shows that public support for banning handguns went from 65% “yes” in 1959 to 29% “no” by 2018.

Gallup Poll Results - Support for ban on the possession of handguns

From Chapter 5

Figure 5. Gallup Poll Results—Support for ban on the possession of handguns. (Source: Anthony Cooling.) Support for ban on possession of handguns, 1959–2018

Results of PEW polling showing that the percent of people who thought it was more important to control gun ownership than protect gun rights went from about 60% in the early 1990s to about 50% by 2008, continuing till 2017.

Pew Poll Results - Control gun ownership for support gun rights

From Chapter 5

Do you think there should or should not be a law that would ban the possession of handguns, except by the police and other authorized persons?

A map of the United States showing that predominately in 1986 that there were very few states that allowed for the legal concealed carry of firearms.

Right to Carry Map - 1986

From Chapter 5

Figure 7. Right to carry map—1986. (Source: Wikicommons and Robert Cronan.)

A map of the United States showing that predominately in 2008 that the majority of states allowed for the legal concealed carry of firearms, at least with a government permit.

Right to Carry Map - 2008

From Chapter 5

Figure 8. Right to carry map—2008. (Source: Wikicommons and Robert Cronan.)

A map of the United States showing that about half the states allow for the legal concealed carry of a firearm without a government permit, about half require a permit, no state prohibit carry completely, but a few have restrictive permit systems.

Right to Carry Map - 2021

From Chapter 5

Figure 9. Right to carry map—2021. (Source: Wikicommons and Robert Cronan.)

Trendline chart of several Gallup polls put together showing since 1959 till 2020 showing a slight decline in gun ownership but more support for gun rights.

Amalgamation of Gallup Polling on Gun Topics

From Chapter 8

Figure 10. Amalgamation of Gallup polling on gun topics. (Source: Anthony Cooling.)

Trendline of Gallup polling question on how strict gun control should be, that shows a low point for support for gun control at the time of the Supreme Court’s Heller decision.

Gallup Question of Strictness of Gun Control

From Chapter 8

Figure 11. Gallup question of strictness of gun control. (Source: Gallup.)

A map of the State of Illinois showing the geo-political layout of the Chicago region and “downstate.”

Northern Illinois University Policy Survey Map - 2012

From Chapter 9

Figure 12. Northern Illinois University policy survey map—2012. (Source: Burrell and Wyckoff.)

A map of the northeastern Illinois municipalities that banned handguns: Wilmette, Winnetka, Morton Grove, Evanston, Oak Park, and Chicago.

Map of Illinois Cities that Banned Handguns

From Chapter 9

Figure 13. Map of Illinois cities that banned handguns. (Source: Anthony Cooling and Robert Cronan.)

A map of Illinois counties, showing that most central and southern Illinois counties have adopted Second Amendment “sanctuary” status or similar resolutions.

Map of Illinois Gun Santuary Counties

From Chapter 9

Figure 14. Map of Illinois gun sanctuary counties. (Source: www.sanctuarycounties.com and Robert Cronan.)

A group of Texas revolutionaries surrounding a cannon, one of whom is waving a flag that has the silhouette image of a cannon and “come and take it” in bold lettering.

Image of "Come and Take It" mural at the Gonzales Memorial Museum

From Chapter 10

Figure 15. “Come and Take It” mural at the Gonzales Memorial Museum

A reference to the Texas Revolution flag, where the image of the cannon is replaced with the silhouette of a modern rifle.

Modern Twist on the Texas "Come and take it" flag

From Chapter 10

Figure 16. Modern twist on the Texas “Come and Take It” flag

A map of California and surrounding region showing how its varied geography can be used to simulate in films other locations in the world.

Map of California for movie studio filming locations

From Chapter 11

Figure 17. Map of California for movie studio filming locations

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