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Jon Stewart: Grand Theft Semi-Auto

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Obdicut (Now with 2% less brain)1/19/2013 6:00:29 am PST

re: #238 goddamnedfrank

In the language of the times well regulated meant well or properly functioning.

I don’t know why people keep insisting it means something it clearly doesn’t in the context written. Why would the founders write that the “people’s right shall not be infringed,” if their intent was to infringe it.

I’m sorry, Frank, but this is a bad argument. For one thing, we can both agree the militia portion is no longer relevant. The 2nd amendment is archaic, and the language shows it. A well-functioning militia is not necessary for a free state. The language of the 2nd amendment is a ‘Because… so’ format, so acknowledging that militias are no longer necessary really does point to a question of the relevance of the 2nd amendment.

Furthermore, the founders made the first amendment, but obviously they wanted to ‘infringe’ on freedom of speech in all sorts of ways. Even something as simple as copyright is an infringement on free speech. The rights in the bill of rights are not abstractions that exist absolutely. The 5th amendment against non-incrimination does not mean cops can’t ask you if you did the crime. The first amendment doesn’t mean we can’t restrict the use of speech reasonably. Etc.

If the argument now is that the militia as they knew it doesn’t exist and isn’t necessary for a free state, then change the Constitution, don’t strain to misread it.

The most obvious change, from a neutral, objective perspective, would be to simply remove the 2nd amendment since the causation for it— the militia being necessary for the free state— is no longer necessary. I am not proposing this. I’m saying that if you’re arguing from the position of logic, then the militia argument winds up removing the 2nd amendment, not refurbishing it.

In our times, that’s not remotely possible, nor would be changing the language of it. An attempt to do so probably really would provoke violence. And that’s part of why this is all so fucking crazy and frightening.