[voxl]

I'll bite. We live in a society where the 2nd amendment is a rorschach test for interpreting century old English. Yet, because of how people feel, particularly a couple of activist judges, it has been given the strongest possible interpretation to impart the strongest possible freedoms to the citizenry.

Why have the other amendments not enjoyed this same individual freedom absolutism? Why are we cherry picking which amendments get expanded modern powers "in the spirit of the text"? It's because of how the judges feel.

So before you dismiss someone's opinion because how it might be, let's all be honest with ourselves and realize constitutional law of this nature does not depend on precedent and is largely do to the whims of the supreme court.

[otterley]

I'm not dismissing the opinion; I'm asking for it to be supported by law and facts. https://news.ycombinator.com/item?id=47024599

I also disagree with your characterization of 2nd Amendment jurisprudence, but I'm not going into that rathole!

[voxl]

Not overtly but the subtext is there, but you also miss my point: there is no argument to give. There is no good faith argument with this supreme court. Unless you're the kind of person who is going to defend overturning the precedent of Roe v Wade.

[otterley]

This sort of nihilist/defeatist attitude serves no one.

People have good-faith disputes over whether their activities should be permitted or forbidden, and--like it or not--it's up to our judicial system to interpret the law, especially when it's unclear (which is rather often). The judges hear the arguments and, having heard both sides out fully, has to decide who has the strongest case. It's not an easy job, but in a vague, messy, and imperfect world, someone has to do it.

There are ways to reduce ambiguity, like passing new laws, clarifying existing ones, and even amending the Constitution. That requires we vote and press our representatives to do these things. This has the benefit of making it clear what we want, as opposed to leaving it to the unelected judiciary to try to figure it out and anger half the country who thought they decided wrong.

[voxl]

And the entire organizational structure we base ourselves around also collapses routinely throughout history. The supreme court has demonstrated that they are corrupt, the only solutions at this point are radical.