General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOnce again, it's time to consider repealing the 2nd Amendment.
Let's face it, the gun lobby will fight us tooth and nail if we try to put in place even the most superficial restrictions, like, say, "limiting" high capacity clips to 40 rounds. Why not pick a cause that people can really rally around instead of the weak-tea proposals we usually hear about?
Sherman A1
(38,958 posts)fight tooth and nail to push back against a repeal of the 2nd Amendment? I am no fan of guns, but I understand that this is fairly unlikely to come to pass. One must also consider if there is a push to repeal the 2nd just what other parts of the Bill of Rights are therefore open to similar efforts?
I believe that we are far better served by doing work that is perhaps very difficult to accomplish but stands a far better chance of occurring such as enhanced background checks, closing the gun shows, eliminating high capacity magazines and alike.
Sherman A1
(38,958 posts)gave the speech.
Good luck with your dream.
The Velveteen Ocelot
(115,732 posts)They deliberately made it very, very difficult. There are 27 amendments to the Constitution even though approximately 11,699 amendments have been proposed from 1789 through January 3, 2017. Only one amendment, the 18th (Prohibition) has ever been repealed, by the 21st. The likelihood of repealing the 2nd is vanishingly small.
elleng
(130,972 posts)but seriously dangerous to open that Pandora's box.
yallerdawg
(16,104 posts)both Prohibition and the repeal were astonishingly simple.
So was changing how Senators are elected, and how slaves were counted.
A couple sentences, and it's done.
The 2nd, the 3rd, the Electoral College - when we're ready, it will be easy.
The Velveteen Ocelot
(115,732 posts)out of more than a thousand proposed. It is not easy, and that's on purpose. And the one thing we do NOT want is a new constitutional convention.
LonePirate
(13,424 posts)samir.g
(835 posts)elleng
(130,972 posts)as opening the door to amending the Constitution likely results in more chaos than what we're enduring now.
Girard442
(6,075 posts)But the Bush Administration made such easy mincemeat out of the 4th and 5th Amendments that they're not the bulwarks they once were.
MicaelS
(8,747 posts)Constitutional Convention. You want to open THAT can of worms?
farmbo
(3,122 posts)Last edited Wed Feb 21, 2018, 09:17 PM - Edit history (1)
... that Scalia struck out in 2008.
A well regulated militia being necessary for the security of a free state...
Scalia, who bragged incessantly about supporting origional intent, just scrapped this language and somehow found a personal right outside of a well regulated militia for gun nuts to buy an arsenal for their own entertainment.
Restore the origional language and ENFORCE it!!
erronis
(15,302 posts)hack89
(39,171 posts)farmbo
(3,122 posts)... to bear arms in this country prior to the SCOTUS decision in the Heller case in 2008.
That was Justice Scalias little valentine to Americas school students.
So you can show me in American history where states passed laws outlawing gun ownership outside of the militia?
Hasn't individual ownership of guns outside of militia service been the norm for all of American history?
Hav
(5,969 posts)But before something like that is possible, one might have to come to an understanding what is meant by a well regulated militia which is something that has puzzled me often.
Either way, common sense gun control measures seem to have a way higher support in the population than repealing the 2nd Amendment.
johnpowdy
(116 posts)I see no reason for allowing citizens to own guns. This is madness.
kimbutgar
(21,161 posts)The 2nd amendment is here to stay. Fox and those 1000s of radio stations spewing hate, division and adoration of guns nothing will change. A whole generation of uneducated racists need to be deprogrammed.
jazzcat23
(176 posts)That amendment is going nowhere...ever. That's what blows my mind about this hysteria over the "gubmint is coming to take your guns" It will never happen and so how do these morons run to believe it so quickly? The fear factor that has been cultivated over these last decades, is now so out of control, will we ever get our sanity back in this country? Well, not in my lifetime, I'm sure!
kimbutgar
(21,161 posts)I remember reading an article how the country was divided up into zones. The west zone no guns, science based, the two middle zones, one religious and the other not religious but a white zone and The east zone similar to the west zone. The two middle zones are controlled by Putin and the rethugs. Walls will be built on the east and west zones to keep the middle zones out. I wish I could find the article again.
guillaumeb
(42,641 posts)Scalia, and his so-called originalists, needed to literally dismiss 1/2 of the Amendment as merely prefatory to arrive at his distorted version of original intent.
There is a reason that the Second Amendment is linked to a well-regulated militia, and that reason is not to facilitate the ability of a very few to terrorize the country in service to their own fears and fantasies.
madinmaryland
(64,933 posts)"well regulated" part of the amendment. The Constitution is whatever the SCOTUS says it is. We need a progressive court, not one that is beholden to corporate money, but one that will stand up for the American People.
hack89
(39,171 posts)Read Heller.
madinmaryland
(64,933 posts)It can be progressive and for the American People or bought and paid for by the gun industry.
hack89
(39,171 posts)Both of which the SC refused to strike down. What else do you want?
struggle4progress
(118,295 posts)The Velveteen Ocelot
(115,732 posts)that there can be reasonable restrictions on the ownership of guns, something that a lot of legislators, not to mention the NRA, seems to have forgotten. Justice Scalia, of all people, said this in District of Columbia v. Heller:
https://www.law.cornell.edu/supct/html/07-290.ZO.html
shenmue
(38,506 posts)sfwriter
(3,032 posts)Fuck 'em.
KG
(28,751 posts)GreenEyedLefty
(2,073 posts)She said humanity has reached the end of its useful life on earth.
Yeah that's kind of cynical, but I can't argue with her.
PatrickforO
(14,576 posts)We are much better off beefing up the background checks, closing the gun show loopholes and insisting people take gun safety classes before being allowed to buy.
Start talking repeal and the people who overwhelmingly support better controls will switch sides away from you.
X_Digger
(18,585 posts)Please, I'm curious.
randr
(12,412 posts)Regulate weapons well as stated.
Xolodno
(6,395 posts)...just don't need a right wing hack Supreme Court ignore the part about a "well regulated militia". Of which we have, the National Guard.
All dumb arguments fall apart after that point, such as "it was way to overthrow a tyrannical government"...yeah, that's the National Guard, some nuts in the desert or local woods playing GIJOE isn't going to bring down a government that's so well equipped and trained there are only a handful of countries that can go toe to toe.. The Confederacy was well with in legal right to mobilize troops under the state jurisdiction...when they attacked Federal Troops...they screwed themselves cactus. But beyond that, guns can be outlawed, but unlikely completely, some still count on the hunting season to supplement their diet...of which many will tell you, you don't a freaking military grade weapon to take down elk, bird, etc.