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Subj: Re: I Don't Want A Gun. But This Is Not A Problem With Gun Laws.
Posted: Sat Oct 14, 2017 at 08:05:53 am EDT (Viewed 149 times)
Reply Subj: Re: I Don't Want A Gun. But This Is Not A Problem With Gun Laws.
Posted: Fri Oct 13, 2017 at 12:03:36 pm EDT (Viewed 166 times)
Quote:While I agree, I am not sure the second Amendment is the problem per se. It is what we have come to accept as the modern interpretation of the amendment. Based on the NRA and general conservative push to change it.
That's why I phrased my response as "the Second Amendment as it's now construed."
Quote:For over 200 years it was not seen as a personal right. That changed with Heller, but it is more a result of political activism and judicial overreach from the so called textualist wing of the party that has caused the problem.
Quote:Right. Also, the muskets of the 1700s are not remotely comparable to the firepower of semiautomatics today and the drafters of the Second Amendment could not possibly foretell that eventuality. I suspect they would be horrified that the Second Amendment has basically been construed as nigh unlimited freedom by private citizens to purchase guns which end up killing over 30,000 people a year.
I am reading a book on the crafting of the second amendment at the moment that I have found to be very interesting so far. And that seems to be the case.
They have a great statement that more or less says that we would not understand the questions the Founders were addressing and they would not understand our interpretation.
Not disagreeing with you, but wanted to expound on it. It The Second Amendment in its original context is totally about militias, the ability of an individual to own a gun only really fell in that context in terms of a right. And it was apparently more to do with the feeling of duty most at the time had for belonging to a militia out of self defense and defense of the country.
And the militia members did have to train and such, which is more than we require for gun ownership now.
It is just ironic that the conservative movement goes on rants about judicial activism but not with the role of gun culture in really messing with one of the amendments that has little to no barring on modern times unless it is read in a modern context and in light of the understanding that we have a standing army now. Which violates originalism etc.
Look Raist bunnies...
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