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by nradov 1457 days ago
At the time the Second Amendment was passed it was relatively common for private citizens to own artillery pieces that were far more lethal than modern small arms. We are a nation of laws. Your suggestion to ignore the law for the sake of expediency is horrifying, and that type of unprincipled and irresponsible attitude could lead to the downfall of our republic.
1 comments

Accuracy, and reload times, etc. are much different for cannons today than they were 250 years ago. Population density is different and society is much more complex now. A well regulated militia means that the government has the right to regulate firearms. And a well regulated militia is no longer necessary for the defense of the country. The second amendment is obsolete and detrimental to the country.

We are not a nation of laws. We have seen our leaders try to overthrow the government with impunity. We have government agencies engage in torture and mass surveillance with impunity. We have police forces that kill legally armed people who have done no wrong with impunity. This is not a nation of laws as you put it. We have a Supreme Court ignore precedent and make up shit with its recent rulings. We recently had a President ignore the Constitution to enrich himself and nothing came of it. We have a Supreme Court decide that it wasn’t important to ensure that the votes for President were counted correctly and appointed Bush as the winner.

The Republic ended when a coup was attempted and nothing happened to the instigators. We will soon live in a country in which a legal act in one city is a death penalty crime in another. We soon will live in a country in which the government can’t meaningfully enforce administrative rules. It’s already over unless the Constitution is drastically rewritten or the Court in its present form is changed.

So what. None of those technical differences are relevant to restricting a fundamental right. The authors of the First Amendment didn't anticipate the Internet, but we don't use that as an arbitrary reason to restrict free speech. And you have completely misunderstood the meaning of "well regulated". Read the actual Supreme Court decisions.

Just because one person violated the Constitution doesn't give you the right to do the same. Two wrongs don't make a right.

The technical difference are fundamental. To interpret the intent of the writers one has to understand the world they lived in and not merely the words they wrote. “arms” in terms of lethality, ease of use, density of population, second order effects, type of society, etc. are much different now and the amendment is obsolete. Particularly since a well regulated militia is no longer necessary for the defense do the country. The tenth amendment is not enforced at all in terms of how it was written. It has morphed in terms of how it is interpreted since society grew much more complex. The second amendment needs to be dealt with similarly.

I didn’t say two wrongs make a right and didn’t use past violations of the Constitution as justification for anything. I just pointed out that the idea that we are a nation of laws is incorrect and that adherence to the Constitution is not done in a consistent way.

I understand the meaning of “well regulated” and I disagree with the Court’s interpretation of what that phrase means and how it should be interpreted. The Court is not infallible. Indeed, in recent times we see quite clearly how absurd it’s decisions can be. The Court should be ignored when it’s decisions are absurd. All decent governments rely on a consent of the governed and the Supreme Court has clearly overstepped itself in a slew of areas and it has lost its credibility. As such it’s recent decisions should be ignored.

If tomorrow the Court ruled that people have a right to create and use biological weapons I’m certain you’d say that the decision should be ignored. So don’t act as though the notion of ignoring the court is unthinkable or unprincipled or irresponsible. Particularly when there is historic precedent for doing so.

Nah. You're just making things up and obviously haven't done even a modicum of research on the historical context.
Clearly.