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by dragonwriter
3126 days ago
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The fundamental premise is no longer valid. It was premised not on the state-based popular militia as a counterbalance to government forces, but the government's dependence on the state-based popular militia to meet it's need for significant forces, with the limited standing forces forming a cadre for a wartime/emergency force comprised nearly entirely of mobilized popular militia. The large standing post-WWII force undermined that premise, and the transition to an all-volunteer force demolished it. While Fourth Amendment law needs some serious reconsideration of the mechanism by which the protections are best given effect given new technologies and social context, that’s a lot smaller issue than addressing the modern realization of the goals of the Second Amendment. |
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That is exactly true, but the problem with abiding by a written constitution is that as long as the words are in there, it is the Supreme Law of the land. Its rather unfortunate, but its one of the risks assumed when a country decides on the Constitutional System. And all the political partisanship makes it unlikely that this will be changed (i.e. Constitution changed) anytime soon.