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yequalsx | 8 years ago
There is much that the writers of the constitution didn’t foresee. I think it’s ridiculous, in many cases, to try to seek what they originally intended. Society is far more complex now than it was then. I mentioned their views for the self described originalists. These people tend to have a very broad interpretation to what the second amendment means but narrowly interpret other parts of the Constitution.
The 2nd amendment has had many cases before the Supreme Court. It wasn’t until 2008 with Heller that it was interpreted to mean an actual right to own guns. As far as I understand the history of the legal interpretation if the second amendment. It appears the modern interpretation is out of sync with what the founders intended.
logfromblammo|8 years ago
At the time of drafting, the founders hadn't yet encountered the Pawnee vs. Cheyenne/Lakota style of total warfare, and had barely even invented hit-and-run tactics. As such, it would have been prudent to amend the amendment at least once in the last 230 years. I'd prefer that laws banning chemical, nuclear, radiological, and biological weapons would have constitutional backing, that torture and other war crimes be banned explicitly, and there be some concession for denying deadly munitions to antisocial maniacs and bellicose outlaws.
Reinterpretation is not the proper channel towards rational arms policy, or to resolve any other problem with the document not anticipating societal progress. Amendment is the prescribed remedy. There have been calls in the past to convene an Article 5 Amendments Convention, as it is the only way to propose an amendment when the Congress won't, but we've never actually had one. Perhaps it is time?
yequalsx|8 years ago