Most Popular Choices
Share on Facebook 112 Printer Friendly Page More Sharing Summarizing
OpEdNews Op Eds    H1'ed 7/27/12

What the Majority of Founders Really Meant by the Outdated Amendment #2

By       (Page 2 of 3 pages) Become a premium member to see this article and all articles as one long page.   19 comments

Gregory Paul
Message Gregory Paul

 

The reason that militias are mentioned in the Bill of Rights is because they were a big deal in those times. For much of the 19th century young citizens were often required to serve in their state's militias. If you read a history of Civil War military actions there is frequent mention of state militias integrated into the armies of North and South. But militia service was widely unpopular, many saw it as an uncomfortable waste of time which it largely was, and in many case militias became undisciplined men's' clubs with little discipline or training. And the 1% continued to be nervous about the armed masses. So for these assorted reasons the militia scheme was abandoned in favor of the more tightly run National Guards, that were often ensconced in those castle like urban armories designed to hold out against the rebellious mobs.

 

As new states were formed in the 1800s some remained explicit about gun rights being about the common defense. As per Arkansas in 1868 that stated that "The citizens of this state shall have the right to keep and bear arms for their common defense" (this replaced the racist -- and sexist -- 1836 original that started with "That the free white men of this State""). Here is an interesting case from Colorado in 1876 that incorporates both individual and collective protection with a twist on the former the gun lobby must gag upon, "The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called into question: but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." The last clause is by no means unique to Colorado.

 

As a firearms industry bent on selling as much of its product as possible increasingly pressed to make gun rights into an individual thing, state constitutional statements on the matter tended to become more what the gun lobby wants them to be. Here's an excellent example of this phenomenon. When made a state in 1959 Alaska declared like the Feds that "A well regulated militia being necessary tot he security of a free state, the right of the people to keep and bear arms shall not be infringed." That was before the NRA became the extremist right wing organ it soon was. In 1994 the following was added. "The individual right to keep and bear arms shall not be infringed by the state or a political subdivision of the state." Well that's funny. If the classic version really is all about individual gun rights, then why the addition? Because the gun lobby knows that the 2nd amendment is nowhere close to being what they need it to be, that's why. Recent state constitution declarations tend to be along the historically radical lines of Nevada in 1982 that "Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes" Unlike the 2nd Amendment, that one is all about the individual with nothing about collective defense. We must again ask why, if the good old 2nd Amendment really is an unambiguous grant of absolute individual gun rights, why are recent state constitutional declarations so different from what the founders came up with, and why do they feel the need to go to such explicit efforts to detail the rights? Because the 2nd Amendment does not provide the rights the gun boosters want it to.

 

The recent Supreme Court denial of what amendment number two literally says, a decision straight out of the gun industry/lobby that overturned decades of prior court decisions that had actually been based on what the clause really says, was a radical right wing reformulation of the amendment. One that exposes that the justices who claim to be "originalists" that supposedly strive to parse out what the majority voters at the Constitutional Convention really intended, are just pulling our legs when it comes to their supposed doctrine. If the court conservatives strictly applied originalism they would have acknowledged that gun rights stem from a governmental necessity, that for better or worst the latter therefore has the authority to strongly regulate their possession and use, and that giving citizens a stronger individual right to pack arms would require a constitutional amendment. Instead the conservative wing of the court just did what they wanted to -- the clique applies originalism when it fits their desires, and are willing to quietly drop the theory   does not match their immediate convenience.

 

The other problem with the constitutional right to bear arms has to do with what arms were back then versus what they are now. In the late 1800s a pistol was a single shot muzzle loader, a portable Rube Goldbergian device with limited killing potential. When the trigger was pulled the possibility that the thing would misfire was high. If the flintlock mechanism actually did work the imprecisely manufactured ball literally bounced its way down the barrel from side to side and upon emerging who knows what way it would go. In videos skilled shooters take the old timey pistols and show how they are hard pressed to hit a human target even at close range. Assuming the first shot did not get the job done, reloading was a multi-step procedure that took about a minute -- assuming the other guy did not do something to stop the process or fled the scene.

 

A modern pistol is a weapon of mass destruction. One that the individual can conveniently carry without those nearby being aware of the potential danger. In a few seconds an automatic like a Glock can emit 15 rounds that will each hit within an inch of the aiming point. To further improve accuracy a laser pointer mounted on the gun can conveniently light dot the chest or head of the victims. A dozen can be maimed or killed in a moment. A handy magazine reload takes a few seconds. Or use a 30 round magazine as the shooter did in Tucson in 2011. Automatic rifles are even more deadly because they fire larger, higher velocity rounds -- remember that force equals mass times velocity squared -- but they are fortunately harder to conceal. Special magazines can accommodate 100 rounds (the Aurora shooter was equipped with one of these super-sized magazines, but it seems to have jammed, saving lives). Calling modern firearms weapons of mass destruction is not propaganda, it is literally correct. Automatics were designed expressly to equip soldiers to liquidate masses of enemy soldiers. Heater lovers think it a could idea that civilians be armed like soldiers.

 

We will never know for sure, but if the founders who devised the Second Amendment could be gathered together and shown what mass produced, mass firing automatic firearms can do, and how the USA suffers from by far the highest levels of homicide among the advanced democracies where guns are more tightly controlled and less common, it is likely that most of them would be even more prone to tying gun rights to governmental needs. One can hope so.

 

Moderates, especially politicians, who want more serious firearms regulations while not upsetting the gun lobby too much are prone to saying that we can have both sensible controls and our full constitutional rights at the same time. This is true only in the context of the limited rights actually contained in the 2nd amendment. What is not true is that we can have the practical and to be blunt extensive regulations that help suppress homicide rates to amazing lows in other 1st world countries on the one hand, and have the free wheeling gun rights that the heater lovers imagine the Bill of Rights grants them on the other hand. If we have the former the gun people are going to be really mad. We cannot have our cake and eat it too.   

Next Page  1  |  2  |  3

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Must Read 4   Funny 4   Well Said 3  
Rate It | View Ratings

Gregory Paul Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Gregory Paul is an independent researcher interested in informing the public about little known yet important aspects of the complex interactions between religion, secularism, culture, economics, politics and societal conditions. His scholarly work (more...)
 
Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter

Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Can We Please Stop Pretending that Christianity is Anti-Socialism? Please? Pt 2

Libertarian America: What the Ayn-Rand-Paulian Wing of the Tea Party Really Wants the USA to Become

The Understold Story: The Vatican, the Mob, Super Ponzi Schemes and MORE

At Long Last the Catholic Church Must Be Destroyed

Can We Please Stop Pretending that Christianity is Anti-Socialism? Please? Pt 1

Why Clint's Speech Tells Us That the GOP Chastity/Anti-abortion Platform Is a Great Big Scam

To View Comments or Join the Conversation:

Tell A Friend