Why the Second Amendment may be losing relevance in gun debate

You can't have an organized militia if the population cannot own guns or learn how to shoot on their own.
You understand the difference between a militia and an active military unit, right?
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
 
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
That's not in the constitution.
You cannot train just anyone to be in a militia. They have to grow up using guns.
Congress doesn't know shit about arming and training anyone BTW.
 
Yep. Gun nuts are cowards. Only a coward is afraid to face everyday life without carrying a weapon designed to kill. What are you so afraid of. Was someone mean to you when you were little?
Don't own or want a gun. If a person wants to own a gun or a thousand guns, I really don't care, that is their choice. Just as I don't care if anyone else wants to vaccinate, it is not my business.
 
‘Joseph Blocher, professor of law and co-director of the Center for Firearms Law at Duke Law School, described the patchwork of state laws that exists across the country as a "buffer zone" for the Second Amendment.

"Before you even get to the Constitution, there's a huge array of other laws super protecting the right to keep and bear arms," Blocher said. "This collection of laws is giving individuals lots of protection for gun-related activity that the Second Amendment would not necessarily require, and certainly, and in almost all of these instances, that no lower court has said the Second Amendment would require."

Adam Winkler, a professor of law at the UCLA School of Law, also said the Second Amendment is losing its legal relevance in distinguishing lawful policies from unlawful ones as the gap between what he calls the "judicial Second Amendment” and the "aspirational Second Amendment" widens.

Winkler defines the "judicial Second Amendment" as how courts interpret the constitutional provision in their decisions, and the "aspirational Second Amendment" as how the amendment is used in political dialogue. The latter is "far more hostile to gun laws than the judicial one," he said -- and also more prevalent.

"The aspirational Second Amendment is overtaking the judicial Second Amendment in American law," he wrote in the Indiana Law Journal in 2018, a sentiment he repeated in a recent interview with ABC News. "State law is embracing such a robust, anti-regulatory view of the right to keep and bear arms that the judicial Second Amendment, at least as currently construed, seems likely to have less and less to say about the shape of America's gun laws."’


This is why meaningful, constructive, good faith debate concerning the Second Amendment, its meaning, and its application as a matter of regulatory law is impossible.

The judicial Second Amendment camp and the political Second Amendment camp will always be at odds, never finding consensus or agreement – with the former following Second Amendment jurisprudence as determined by the Supreme Court and the latter having nothing but contempt for the Court and its decisions concerning the Second Amendment.

Ah, the leftist dream...total abolition of our civil rights.

Sorry fascist, it's not happening.
 
Keep it up.....show us that behind all the pretense of being a reasonable person, you are a rabid, anti-gun extremist, who lies about the need for universal background checks because you need them so you can then demand gun registration....
pointing out how much of a coward you are is hardly rabid. I am not anti gun. I own guns. I'm anti-gun-nut.
 
Get rid of your seat belts, fire and smoke detectors, stop looking both ways before you cross the street...those things are simply the evidence of cowardice...right?
No. those things are a reasonable precaution, and I have never heard of any one of those things either intentionally or accidentally killing an innocent person. Being armed as if you were in a war zone to go to the convince store for a soda and some double A batteries for the remote is not reasonable. It's the action of a coward gun nut with mental problems. I've told you before that I don't have a problem with you strapping a fire extinguisher to your leg.
 
We have a Second Amendment and should have no security problems in our free States.

The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
 
‘Joseph Blocher, professor of law and co-director of the Center for Firearms Law at Duke Law School, described the patchwork of state laws that exists across the country as a "buffer zone" for the Second Amendment.

"Before you even get to the Constitution, there's a huge array of other laws super protecting the right to keep and bear arms," Blocher said. "This collection of laws is giving individuals lots of protection for gun-related activity that the Second Amendment would not necessarily require, and certainly, and in almost all of these instances, that no lower court has said the Second Amendment would require."

Adam Winkler, a professor of law at the UCLA School of Law, also said the Second Amendment is losing its legal relevance in distinguishing lawful policies from unlawful ones as the gap between what he calls the "judicial Second Amendment” and the "aspirational Second Amendment" widens.

Winkler defines the "judicial Second Amendment" as how courts interpret the constitutional provision in their decisions, and the "aspirational Second Amendment" as how the amendment is used in political dialogue. The latter is "far more hostile to gun laws than the judicial one," he said -- and also more prevalent.

"The aspirational Second Amendment is overtaking the judicial Second Amendment in American law," he wrote in the Indiana Law Journal in 2018, a sentiment he repeated in a recent interview with ABC News. "State law is embracing such a robust, anti-regulatory view of the right to keep and bear arms that the judicial Second Amendment, at least as currently construed, seems likely to have less and less to say about the shape of America's gun laws."’


This is why meaningful, constructive, good faith debate concerning the Second Amendment, its meaning, and its application as a matter of regulatory law is impossible.

The judicial Second Amendment camp and the political Second Amendment camp will always be at odds, never finding consensus or agreement – with the former following Second Amendment jurisprudence as determined by the Supreme Court and the latter having nothing but contempt for the Court and its decisions concerning the Second Amendment.
The 2A is a ban on federal authority.

All that bullshit you and others have written is just that. It's trying to bend over backwards to find some sort of "reasoning" to justify doing the EXACT OPPOSITE of the intended meaning of the 2A.

This issue will continue to inspire rebellion and may lead to outright secession.
 
Yep. Gun nuts are cowards. Only a coward is afraid to face everyday life without carrying a weapon designed to kill. What are you so afraid of. Was someone mean to you when you were little?
Oh, the macho shaming. We're not manly if we have guns?

:laughing0301:

Go fuck yourself. We're not giving them up. I don't care how much your vagina bleeds about it.
 
Oh, the macho shaming. We're not manly if we have guns?

:laughing0301:

Go fuck yourself. We're not giving them up. I don't care how much your vagina bleeds about it.
Not what I said. Guns don't make you manly or not manly. I have guns. Being a gun nut who thinks he has to be armed 24/7 indicates cowardice.
 
Not what I said. Guns don't make you manly or not manly. I have guns. Being a gun nut who thinks he has to be armed 24/7 indicates cowardice.
Carrying a gun is not macho or manly? Only chickenshits carry?

Yeah, we heard you loud and clear. Fuck off. We're going to keep carrying, and you can thank us for the blanket of protection you enjoy by the presumption of being armed we provide. You're welcome.
 
Carrying a gun is not macho or manly? Only chickenshits carry?

Yeah, we heard you loud and clear. Fuck off. We're going to keep carrying, and you can thank us for the blanket of protection you enjoy by the presumption of being armed we provide. You're welcome.
Only a coward fears for his life 24/7/365
 
No. those things are a reasonable precaution, and I have never heard of any one of those things either intentionally or accidentally killing an innocent person. Being armed as if you were in a war zone to go to the convince store for a soda and some double A batteries for the remote is not reasonable. It's the action of a coward gun nut with mental problems. I've told you before that I don't have a problem with you strapping a fire extinguisher to your leg.

please keep posting like that…..you reveal exactly who and what you are
 
Only a coward fears for his life 24/7/365

You shitheads keep using that word, “fear.” There is no fear…..the same emotion that goes into checking to see if your front door is locked, or replacing the batteries on a smoke detector is the lack of emotion when you decide to carry a gun for self defense….

The only one who stinks with fear is you and the other bedwetters who attack normal gun owners
 
Leftists own guns…..they do not want their victims to own guns…..filling mass graves is a lot harder when your victims can shoot back
You fear being put in a mass grave? Your paranoia must be overwhelming. No wonder you spend your life in abject fear.
 

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