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UTUSN

(70,671 posts)
Sun May 29, 2022, 12:57 PM May 2022

Some questions for 2A gunnutters and Originalists

FOR THE GUNNUTTERS:

• Shouldn’t anybody possessing a gun have to be a member of “a well regulated militia” – meaning, marching around, qualifying by test and physical proficiency of the weapon, be insured, be licensed, participate in frequently scheduled drills, and much more?




FOR THE “ORIGINALISTS”:

• Shouldn’t the weaponry covered be limited to flint-locks and muskets, since that is what the Founders knew?

• Since the first thing the Founders did was to tack on ten amendments, doesn’t this carve a gigantic hole in “Originalism”? Not to mention that we were taught/indoctrinated that the Constitution is so brilliant that it has only needed twenty-something amendments for it to keep up with anything that has changed since the beginning?


*** to a couple of other DUers for a point or two added to my own stuff.




48 replies = new reply since forum marked as read
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Some questions for 2A gunnutters and Originalists (Original Post) UTUSN May 2022 OP
Plenty of "Originalists" do not consider any Amendments... dchill May 2022 #1
Who? former9thward May 2022 #42
Are you referring to what they SAY they believe? dchill May 2022 #43
What they write. former9thward May 2022 #47
District of Columbia v. Heller (2008) Frasier Balzov May 2022 #2
Yeah, that sawdust was what I added from somebody else - haHAH!1 - plus, a joke thread. UTUSN May 2022 #6
When discussing the Constitution in a blog or chat room... keithbvadu2 May 2022 #3
The way I understand the 2nd Amendment, SYFROYH May 2022 #4
It states "a well regulated militia", meaning organized... brush May 2022 #5
Training can certain happen before or after the militia is called. SYFROYH May 2022 #9
Here's Chief Justice Berger's opinion of the 2A... brush May 2022 #10
There are a lot of powerful people often with their own security SYFROYH May 2022 #13
So let me get this straight, you're advocating for everyone... brush May 2022 #16
No, I think firearms can be reasonably regulated. SYFROYH May 2022 #35
Yeah because 48656c6c6f20 May 2022 #37
There's JROTC for that Claire Oh Nette May 2022 #25
A common argument is that "well regulated" madville May 2022 #11
Who's to ask them? brush May 2022 #12
Both sides can find old opinions to suit their argument madville May 2022 #18
Not really. We all have opinions and votes to influence... brush May 2022 #19
It didn't. It met well trained...people under arms AND BusterMove May 2022 #15
A meaning of well equiped that suggests the need to know who, what, where for when the call-up comes sanatanadharma May 2022 #34
Except that "Well regulated" Triloon May 2022 #7
Agreed but training can happen after the militia is assembled or before. SYFROYH May 2022 #8
Ok, but Triloon May 2022 #26
This message was self-deleted by its author BusterMove May 2022 #32
Regulars.. Claire Oh Nette May 2022 #29
You were enrolled first. Then HAD to show up with your arms BusterMove May 2022 #17
"whimsical party of guys with guns" Claire Oh Nette May 2022 #31
From my POV, I agree with your view that the 2nd amendment In It to Win It May 2022 #27
The idea that it's limited to arms of that period madville May 2022 #14
So you're really saying the 2A should be upgraded... brush May 2022 #20
Upgraded? PTWB May 2022 #21
We're talking about the Second Amendment. brush May 2022 #22
Yes, we are. PTWB May 2022 #30
Who's advocating that? Upgrading it means to bring it... brush May 2022 #38
Fascinating. PTWB May 2022 #39
What's your point with all this verbiage? brush May 2022 #40
Strange PTWB May 2022 #44
Let's just leave it alone. We're on different frequencies. brush May 2022 #46
No, reasonable restrictions are applied to all amendments madville May 2022 #28
in a word: Claire Oh Nette May 2022 #33
This message was self-deleted by its author hack89 May 2022 #23
The militia part is out of the Democratic Party mainstream hack89 May 2022 #24
Never forget that "originalism" isn't real, not on the courts. They always find an excuse... JHB May 2022 #36
Originalism is one of the greatest political scams in the 21st century In It to Win It May 2022 #41
It's an interesting subject... WarGamer May 2022 #45
Every part of the Bill of Rights is an individual right hack89 May 2022 #48

dchill

(38,463 posts)
1. Plenty of "Originalists" do not consider any Amendments...
Sun May 29, 2022, 01:03 PM
May 2022

...(except their fantasy of what is meant by the 2nd) to be any kind of legitimate part of the Constitution.

keithbvadu2

(36,724 posts)
3. When discussing the Constitution in a blog or chat room...
Sun May 29, 2022, 01:15 PM
May 2022

When discussing the Constitution in a blog or chat room...

All things not specifically forbidden must be allowed, IF that supports your premise.

All things not specifically allowed must be forbidden, IF that supports your premise.

???

SYFROYH

(34,165 posts)
4. The way I understand the 2nd Amendment,
Sun May 29, 2022, 01:19 PM
May 2022

The people’s right to keep and bear arms is the pool of armed individual from which a militia can be drawn.

So, no, serving in a militia is not required.

The ability to show up with arms when called upon ensures the state can have a militia when needed.

brush

(53,759 posts)
5. It states "a well regulated militia", meaning organized...
Sun May 29, 2022, 01:27 PM
May 2022

into units and regularly trained and on call—not every tom, dick and yahoo having military-grade weapons.

Sounds like the role our present-day National Guard fulfills.

SYFROYH

(34,165 posts)
9. Training can certain happen before or after the militia is called.
Sun May 29, 2022, 01:44 PM
May 2022

Basic training in the army is 10 weeks.


Ive heard it proposed that every young adult go through military training.

brush

(53,759 posts)
10. Here's Chief Justice Berger's opinion of the 2A...
Sun May 29, 2022, 01:48 PM
May 2022

on PBS in 1991.

Former Supreme Court Chief Justice Warren Burger said it best: “The Gun Lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies — the militia — would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.”


IMO nothing else needs to be said.

SYFROYH

(34,165 posts)
13. There are a lot of powerful people often with their own security
Sun May 29, 2022, 01:57 PM
May 2022

… (even on the conservative right) who dont want the people to keep and bear arms.

Its a bizarre thing to think, at least to me, that the Bill of Rights in every other enumerated case protects the people from government overreach but the second merely protects the state.

We know Burger was out of line when he creates the red herring of a “ guarantee every citizen an unfettered right to any kind of weapon he or she desires.”.

By the time he made his utterance there were noncontroversial Federal guns on the books.

brush

(53,759 posts)
16. So let me get this straight, you're advocating for everyone...
Sun May 29, 2022, 02:05 PM
May 2022

who wants a military-style assault weapon to be able to just go into a gun story and buy one like that killer in Uvalde did?

What ordinary person needs a semi-automatic assault weapon that can be easily converted to full automatic fire like the killer in Vegas did who took 58 lives and injuryed over 500?

Let's get real here. This stuff only happens in America because of easy access to such guns. It's not insanity, it's not violent video games. It's the availability of guns in America. It doesn't happen in other countries were there is not easy access.You're advocating for this?

SYFROYH

(34,165 posts)
35. No, I think firearms can be reasonably regulated.
Sun May 29, 2022, 03:05 PM
May 2022

...to prevent or at least reduce mass shootings like the one in Uvalde.
 

48656c6c6f20

(7,638 posts)
37. Yeah because
Sun May 29, 2022, 03:12 PM
May 2022

The last 244 years have proven that they can be regulated.
Insanity is doing stupid shit over and over and expecting things to work out. So you might Think regulation works, the facts prove you wrong.

Claire Oh Nette

(2,636 posts)
25. There's JROTC for that
Sun May 29, 2022, 02:38 PM
May 2022

We have a a voluntary military and 50 voluntary militias--the national guard.

Soldiers and Guardsmen don't get to take their weapons home with them at night. We don't require our service members to buy and maintain their own weapons, either. There are National Guard Armories all over the [lace, and there is an armory on every base.

If the military leadership won't allow trained, regulated, drilled, professional soldiers to take their ARs and MRAPs home with them, why does Joe Phatphuck think his 30 semi automatic rifles and 45 handguns and two bazookas in his living room are "safe" and that he's a "good guy with an arsenal?" (NB Joe can only shoot one assault rifle or two hand guns at any one time)

madville

(7,408 posts)
11. A common argument is that "well regulated"
Sun May 29, 2022, 01:52 PM
May 2022

At the time simply meant “well equipped” and had no bearing on organization or discipline.

brush

(53,759 posts)
12. Who's to ask them?
Sun May 29, 2022, 01:55 PM
May 2022

See Chief Justice Berger's 1991 take on the gun lobby's interpretation of the Second Amendment.

Former Supreme Court Chief Justice Warren Burger said it best: “The Gun Lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies — the militia — would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.”


I think I'll go with Chief Justice Berger's opinion. And he was far from a crazy, lefty socialist.

madville

(7,408 posts)
18. Both sides can find old opinions to suit their argument
Sun May 29, 2022, 02:10 PM
May 2022

The only opinions that really matter are those of the current sitting justices.

brush

(53,759 posts)
19. Not really. We all have opinions and votes to influence...
Sun May 29, 2022, 02:15 PM
May 2022

law makers to pass red flag and gun control laws.

What's yours? That's what we're discussing.

BusterMove

(11,996 posts)
15. It didn't. It met well trained...people under arms AND
Sun May 29, 2022, 02:01 PM
May 2022

Going through training evolutions often enough to acquire the character of a well-regulated militia.

sanatanadharma

(3,694 posts)
34. A meaning of well equiped that suggests the need to know who, what, where for when the call-up comes
Sun May 29, 2022, 02:52 PM
May 2022

If we do not know what and where inventory of arms is available, we can't know if the arms are in operable condition with available ammo or any other possible qualifying or defining meaning of 'well regulated'.
Without knowing that Joe has an arsenal, how can the militia know that there are many more rifles available beyond the one Joe brought.

I personally love pushing back against gunsin-sanity via the 'well regulated" (can't be meaningless) words.

Triloon

(506 posts)
7. Except that "Well regulated"
Sun May 29, 2022, 01:38 PM
May 2022

means much more than just the ability to show up. No commander needs a bunch of undisciplined, trigger happy pig hunters in his musket line.

Triloon

(506 posts)
26. Ok, but
Sun May 29, 2022, 02:38 PM
May 2022

who is it that has the authority to call up and then train this minute-man style militia? The governor? the local sheriff?
Ammon Bundy? Whose authority would you personally answer to muster up? I think all of this has already been long established in the National Guard.
I know this isn't a satisfying answer to those thinking in terms of some eventual armed resistance against Tyranny, but the Minute Man tactic is a guarantee of friendly fire casualties and rapid failure. Even the Confederacy had a better plan, although doomed to failure anyway.
If I ask myself whose call would I answer to muster up into a militia I really can't think of a single soul. Not for a lack of patriotism, but for a lack of trust in steely eyed bullshitters like Wayne LaPierre, the 3%ers, Oathkeepers and the others who want so badly to make me Well Regulated under their nonexistant authority.
You dont need to answer me, but I hope you consider who it is that you would trust to send you into combat against the US military.

Response to Triloon (Reply #26)

Claire Oh Nette

(2,636 posts)
29. Regulars..
Sun May 29, 2022, 02:44 PM
May 2022

Lots of Civil War militias in different states called themselves Regulars.

They were regimented, and regularly drilled and trained and disciplined, therefore ready to serve when their country called. Don't forget the Slave Patrols and the Indian fighters along the "frontier" as justification for militias. They feared a standing army. Well, we HAVE a standing army and regular militias.

Well regulated comes before not be infringed.

They know the gun nutters would never pass a back ground check--bet there are plenty of DV, DUI, and other crimes listed. THey know they'd be red-flagged.

It's all about sales of guns and ammunitions--two of the very few things the US still manufactures here. Follow the money.

BusterMove

(11,996 posts)
17. You were enrolled first. Then HAD to show up with your arms
Sun May 29, 2022, 02:05 PM
May 2022

For training.

It’s not some whimsical party of guys with guns…it’s an existing and effective military force capable of securing our liberties.

Claire Oh Nette

(2,636 posts)
31. "whimsical party of guys with guns"
Sun May 29, 2022, 02:44 PM
May 2022

or as I like to call them, Gangs. Armed gangs of domestic terrorists.

In It to Win It

(8,228 posts)
27. From my POV, I agree with your view that the 2nd amendment
Sun May 29, 2022, 02:39 PM
May 2022

gives an individual right to own and bear arms.

I think the purpose is clearly defined in the amendment, to ensure a free state. I don't think it's a self-defense right (and that is where I think Scalia got it wrong). That is where I part with conservatives. I don't think it means you get the carry it around anywhere you please and become a vigilante.

I also agree with your view that actually serving in a militia is not required but I do think the purpose of the amendment is that if the state is in need of a militia, the state can call on you with your firearm. Therefore, i think it should function in more in the vein of selective service. If you purchase a firearm, you have to register with the state's militia, and be subject to conscription if the state needs it.

madville

(7,408 posts)
14. The idea that it's limited to arms of that period
Sun May 29, 2022, 01:58 PM
May 2022

Is just as silly as saying the 1st amendment only applies to paper and ink and not the internet or TV, or the 4th amendment only applies to one’s house or person and not their car or smartphone.

brush

(53,759 posts)
20. So you're really saying the 2A should be upgraded...
Sun May 29, 2022, 02:17 PM
May 2022

to fit present-day American and 21st century weapons technology, and where there is no possible reason for an ordinary, non-leo or military person to be able to buy a military-style assault weapon that can easily be converted to full automatic fire like the Vegas killer did who took 58 lives and injured 500?

 

PTWB

(4,131 posts)
21. Upgraded?
Sun May 29, 2022, 02:18 PM
May 2022

Is it your position that the 1st amendment protects speech through mediums only available at the end of the 1700s? Or that the police can search your cell phone without reason or warrant, because the cell phone was not in existence when the 4th amendment was written?

 

PTWB

(4,131 posts)
30. Yes, we are.
Sun May 29, 2022, 02:44 PM
May 2022

Why would the second amendment be relegated to 1700s era technology when other amendments are not? If we somehow managed to successfully restrict amendments to what was available at the time they were written, we would be doing far more harm than good when those restrictions were applied to the other amendments.

brush

(53,759 posts)
38. Who's advocating that? Upgrading it means to bring it...
Sun May 29, 2022, 03:30 PM
May 2022

into the 21st century and its weapons technology. It's good to know you're not a strict constructionist and believe the Constitution should be a living document, not carved in stone and unchanging from how it was written in the 18th century.

Now, common sense upgrading of the 2A should certainly include clauses for red flagging/waiting period/age restrictions and banning of dangerous military weapons save for law enforcement and the military, don't you think?

 

PTWB

(4,131 posts)
39. Fascinating.
Sun May 29, 2022, 04:52 PM
May 2022

Madville explained that the 2nd amendment, like all other amendments, covers technological advances that were not in existence at the time the amendments were written. For example, the government cannot infringe upon your freedom of speech on the internet even though the internet was not in existence when the 1st amendment was enacted. Nor can the police search your cell phone without a warrant even though cell phones were not in existence when the 4th amendment was enacted.

Similarly, the 2nd amendment does not apply to flintlock muskets and other 'arms' that were in existence when the 2nd amendment was enacted.

In reply to Madville, you wrote:

So you're really saying the 2A should be upgraded to fit present-day American and 21st century weapons technology, and where there is no possible reason for an ordinary, non-leo or military person to be able to buy a military-style assault weapon that can easily be converted to full automatic fire like the Vegas killer did who took 58 lives and injured 500?


In your original reply that you wrote that Madville wanted to "upgrade" (your word) the 2nd amendment so that it covers 21st century technology such as the AR-15. But the 2nd amendment already protects the right to own semi-automatic weapons. It doesn't need to be "upgraded" (again, your word) to protect those weapons.

Then when it was further explained to you how amendments work, you changed how you were using the word "upgraded" and have now written the following:

Who's advocating that? Upgrading it means to bring it into the 21st century and its weapons technology. It's good to know you're not a strict constructionist and believe the Constitution should be a living document, not carved in stone and unchanging from how it was written in the 18th century.

Now, common sense upgrading of the 2A should certainly include clauses for red flagging/waiting period/age restrictions and banning of dangerous military weapons save for law enforcement and the military, don't you think?


This juxtaposition of how you originally used the word "upgraded" to dig at Madville, to how you're using it now, is stark.

I fully support common sense gun control measures such as universal background checks, mandatory safe storage laws, and enacting national minimum standards for concealed carry licenses and I've even created a thread right here to discuss how we can enact those measures within this current political climate). But don't attack posters for educating others about how amendments work.

brush

(53,759 posts)
40. What's your point with all this verbiage?
Sun May 29, 2022, 04:58 PM
May 2022

Common sense should tell you upgrade is just another word for modernize. You don't seem to get were saying more or less the same thing. Neither you or I are originalists. And God I hope you're also not for unfettered access to mass killing machines for every tom, dick and yahoo who turns 18.

 

PTWB

(4,131 posts)
44. Strange
Sun May 29, 2022, 05:39 PM
May 2022

You were aghast that Madville wanted to “upgrade” (now “modernize”) the second amendment to include AR-15s, and then minutes later you were suggesting “upgrade” actually means to restrict modern weapons.

My point with all that “verbiage” is that you ought not attack posters who were simply explaining how the constitution works to folks who think that the second amendment does not apply to modern technology, when it clearly does. The same way that the 1st amendment protects our speech from government censorship on modern technology, and the 4th amendment protects our modern technology from warrantless search and seizure.

madville

(7,408 posts)
28. No, reasonable restrictions are applied to all amendments
Sun May 29, 2022, 02:41 PM
May 2022

There’s no need for anything to be rewritten or upgraded, it’s established opinion that all the amendments cover modern technology/devices, regardless of what was available or existed when they were written.

Response to UTUSN (Original post)

hack89

(39,171 posts)
24. The militia part is out of the Democratic Party mainstream
Sun May 29, 2022, 02:34 PM
May 2022

Obama, HRC and Bernie, for example, all believe it supports an individual right but strict regulation is allowed (and necessary). When Obama ran for President it was explicitly stated in the party platform that the 2A supports an individual right.

I am not an originals- I believe in dynamic constitution that changes with the times albeit slowly.

JHB

(37,158 posts)
36. Never forget that "originalism" isn't real, not on the courts. They always find an excuse...
Sun May 29, 2022, 03:11 PM
May 2022

...when some pet conservative agenda item is on the line. When that happens, any "originalist" argument against goes out the window.

"Originalism" is a lofty-sounding bit of performance art, an intellectual fig leaf for overturning precedent they ideologically oppose.

WarGamer

(12,425 posts)
45. It's an interesting subject...
Sun May 29, 2022, 05:42 PM
May 2022

The Constitution offers ZERO protection for the individual RKBA.

Doesn't even mention it...

However in Federalist 46, Madison proudly proclaims the USA is a vastly armed country, unlike European countries that don't trust the citizenry with weapons.

Let's be honest... a ~250 year old founding document is too old.

Other modern countries have more modern founding documents that reflect modern life.

We need a 21st Century Constitution...

Anyone have an idea how to get one?

hack89

(39,171 posts)
48. Every part of the Bill of Rights is an individual right
Sun May 29, 2022, 06:03 PM
May 2022

That's why it was added to the Constitution - to act as limit on government power. What other parts of the BOR are not individual rights?

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