Gun Control & RKBA
In reply to the discussion: Where do you stand on banning guns? [View all]SoutherDem
(2,307 posts)Seriously, I get what you are saying, and it does make sense, actually maybe the best articulated argument I have yet to hear.
With any discussion on the 2nd Amendment it will get heated, even on a progressive website. I can just imagine what is happening on other websites. Never the less, I do find a couple things somewhat odd as to people and the 2nd Amendment. Everyone knows what it says, so everybody else is wrong, but there are numerous interpretations of the Amendment, not just two, one pro and one anti.
About 4 months ago I got in a heated discussion with someone who knew what the 2nd Amendment says, he basically reached the same end conclusion you do as in it is settled law, but he based his entire argument on the purpose clause, in fact his full argument would fall apart without it and made some very good arguments which could be used to basically make the 2nd Amendment null and void, if he were correct. That was not the only time I have seen people defend there opinion of the 2nd Amendment with somewhat failed logic, some to the point they made a better argument for the other side.
You have however explained your interpretation in a rational fashion, and gave real examples. Thank you.
For what it is worth, I feel you are correct, and wish other would read your explanation, actually I wish you would one day find the time to make an OP in which you explain the entire amendment. Great job.
As I think you can tell, I was seeking answers, not arguments but too often people like to attack if you don't agree with them 100% or are just asking for clarification.
As to changing settled law. I agree it happens seldom. I guess what I am trying to ask, but actually am afraid to ask with an example, is since it can happen, and does so without any change in the wording of the constitution, is it safe to place all your faith in it being established law?
Without giving specific examples, I can think of at least two examples so horrendous it could change the national opinion or at least that of the law makers and the courts.
If I were asked before 9/11 if there could ever be an event in the US which would bring us the Patriot Act I would have laughed, but it happened.
I am not being as articulate as I would like, and even at times seem to be arguing the other side, but I am not as comfortable in relying on established law as some.