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by bleepblorp
2044 days ago
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The even more blunt implication of good-faith originalism would be interpreting the 2nd amendment to allow the non-governmental ownership of nuclear weapons. The original intent of the 2nd amendment was to allow a 'well regulated militia' to be adequately equipped to fight off an invading army, which in modern terms would mean that the 'well regulated militia' would need to be able to own tanks, fighter aircraft, warships, missiles, and nuclear warheads. Contemporary originalists, however, both completely discard the mention of a 'well regulated militia' in the 2nd amendment and have re-interpreted the right to encompass only small arms. Legal originalism is not an ideology predicated on good faith. It is a figleaf to misuse the opinions of the authors of the US constitution to defend the beliefs of contemporary conservatives. |
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