sakinago
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- Sep 13, 2012
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By Peter Weber
That's the opinion of Rupert Murdoch's conservative New York Post. And it's not as far-fetched as it may seem.
Well, let's read the text of the Second Amendment, says Jeffrey Sachs at The Huffington Post:
A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
It's astonishingly clear that "the Second Amendment is a relic of the founding era more than two centuries ago," and "its purpose is long past."
As Justice John Paul Stevens argues persuasively, the amendment should not block the ability of society to keep itself safe through gun control legislation. That was never its intent. This amendment was about militias in the 1790s, and the fear of the anti-federalists of a federal army. Since that issue is long moot, we need not be governed in our national life by doctrines on now-extinct militias from the 18th century.
"Fair-minded readers have to acknowledge that the text is ambiguous," says Cass Sunstein at Bloomberg View. Justice Antonin Scalia, who wrote the majority opinion in Heller, was laying out his interpretation of a "genuinely difficult" legal question, and "I am not saying that the court was wrong." More to the point: Right or wrong, obsolete or relevant, the Second Amendment essentially means what five justices on the Supreme Court say it means. So "we should respect the fact that the individual right to have guns has been established," but even the pro-gun interpretation laid out by Scalia explicitly allows for banning the kinds of weapons the shooter used to murder 20 first-graders. The real problem is in the political arena, where "opponents of gun control, armed with both organization and money, have been invoking the Second Amendment far more recklessly," using "wild and unsupportable claims about the meaning of the Constitution" to shut down debate on what sort of regulations might save lives.
More: Is the Second Amendment obsolete? - The Week
You are making assumptions about why the militia was necessary to the free state. That reason being, as stated by our founders many different times and many different ways, was that a free state does not exist when government has a monopoly of force. This is why the militia was necessary, a paramilitary force, made up of civilians, lead by civilians. In case some government force either tries some sort of coup against the government, or government itself using the military to control, subdue, or roll over on the civilian population. The constitution/BOR has no real power, except for the second amendment where We The People are all armed, and able to defend ourselves and our rights from whatever person or persons that wish to take them away, especially including. Government is not going to make widely unpopular tyrannical laws if it can’t control the population that’s armed.
An armed population is also a deterrent against invading forces, since one army could defeat another army on any given battlefield...but then you’d have to try deal with an entire population that’s also armed, which is just a logistical, and tactical nightmare. E.G. france pretty much started prepping for WW2 almost right after WW1, and it turned out to be wise to do so (problem was they prepped for another WW1, and warfare had drastically changed), but they still had very stout defenses along their boarder near Germany. The Nazis however went around the line, and the French/British weren’t prepared for blitzkrieg, and the Nazis quickly took France out of the fight by taking Paris very quickly. And that was it for the mighty nation of Frances in WW2, the army lost so the country and citizens lost as well. But there’s a smaller neighbor in Switzerland that Germany never attempted to touch despite having a weaker military, no allies, and A LOT to loot to fund the war effort. Why because the Swiss are all heavily armed as well as trained. Afghanistan guerrilla warfare doesn’t hold a candle to what the Swiss could do to an invading force. The Nazis invaded every single other neighbor that wasn’t cooperating, and looted the bejeezus out of them...but they didn’t touch the Swiss, and it wasn’t because the swiss are neutral and hitler respected that.
There is also the issue of natural rights (like most of the BOR is based off of) including the right to self defense, which is natural. You do not have to be a victim, it’s not natural to be a victim. It’s natural for you to have free will, to have your own thoughts and express those thoughts, to have your own privacy and property, and also to defend yourself, with lethal force if need be. I don’t know who would argue with that. This is America we do not judge YOU based on what somebody else did with something they own (I.e. gun, car, knife, computer, whatever). You are not assumed to be a killer just because you own something that can kill, and this includes guns. As long as you don’t use it in a bad way, you have every right to defend yourself with a gun no matter what the attacker is carrying (usually without having to fire a shot). The attacked could be friggen Lebron James with a bat, even if you had a bat as well, your not gonna win that one. With a gun, a midget could win that match (probably without having to fire a shot).
All these reasons make the second amendment a no brainer. Just because you don’t foresee our government going rogue, just means you are very short sighted with short term memory, even to the present day world around you. We just saw an attempted coup a year ago in a 1st world, modern NATO ally. 35 years ago the Soviet’s were rolling into countries that couldn’t do squat about it because the citizens weren’t armed. Cubans are still screwed and can’t do anything against the military aristocracy, and our southern neighbors are also screwed living in a democracy with loads of gun control, but can’t do anything against their corrupt government and their country is more dangerous than the war zone afghanistan. Yet in the US gun sales, gun ownership, and ccws have skyrocketed, since the 90s, yet gun crime has dropped 50% in the same time period...and people are still claiming guns are the problem?