Second Amendment: How Does It Work? Left Has No Idea
I genuinely want to be done with defending the Second Amendment from theregular barrage of its historically illiterate and inept detractorsthe people who say this amendment protects only the right of the militia to own weapons.
One friend and fellow gun rights activist said its best to just ignore such people, in the same way that you might ignore people who say triangles have four sides or that the Sun orbits the Earth. It is tempting to just stop engaging the dopeswho simply refuse to consider basic, objective historical facts.
But I actually think this might be a bad strategy, as it may allow the debunked and nonsensical militia reading of the Second Amendment to gain ground. With a Hillary Clinton presidency and Supreme Court on the way, we need an American population that is historically knowledgeable. That means fighting back against the corruption of American knowledge.
Anti-gun folks will cheerfully exploit (and in many cases encourage) the ignorance of the American body politic to get what they want. It is important to push back against that wherever and whenever possible. By way of example: at the Huffington Post this week, Daryl Sneath, a recreational grammarian, is trying very hard totake advantage of American historical ignorance:
One of those things [the Framers]knew about is the comma, the only purpose of which is clarity. Doubtless the writers were acutely aware of this grammatical truism (despite their apparent affinity for complex diction) when they drew their collective stylus southward (certainly aware too of that symbolic direction) making the little mark immediately following the phrasethe right of the people to keep and bear arms. As such, the subject of the predicateshall not be infringedis clearly notthe right of the people. No subject is ever separated from its predicate by a comma alone. Put more plainly, the principal clause (or declaration) of the whole amendment is this:A well regulated militia shall not be infringed.The middle bit modifies the main.
Leaving aside the dubious grammatical reading, as well as the utter travesty of ahistorical non-engagement with contemporaneous eighteenth- and nineteenth-century primary sources, just marvel at this: A well regulated militia shall not be infringed. What would such a right evenmeanin the context of extant constitutional structure and precedent? It would actually meannothing.
Sneath seems to suggest that the Second Amendment provides some sort of bulwark to protect state militias against congressional infringement. But this is objectively, factually false: Congress hascompletecontrol over state militiasthe federal governmentcan organize and abolish the militiawhenever itfeels like it, and for whatever reasonand no serious historical scholar has ever suggested that the Second Amendment somehow circumscribes this congressional power in any way. Put another way: Sneath is implying that the Second Amendment prohibits Congress from doingthe very thing Congress is fully empowered to do.
I am genuinely curious: is there any other constitutional right, or any other constitutional amendment, that is so consistently and so aggressively handled with such base and inexcusable stupidity, on so regular a basis, and on such an industrial scale?I am not sure. You dont usually see arguments of this idiotic magnitude when it comes to, say, the Fourth Amendment, or the Sixth. You certainly see dumb interpretations of the First Amendment, but thats usually a matter ofdegree, notkind:you will have people arguing that the First Amendment doesnt protect hate speech, for instance, but nobody ever argues that the First Amendment only applies to state governments, say, rather than to individual members of the body politic.
Only the Second Amendment is subject to such illiterate and ahistorical analyses. Onceyou realizethat, you can fully graspwhy: many people simply do not like guns, and they will lieor else keep themselves deliberately ignorantto prevent other people from having them.
This is not an isolated incident: anti-gun folks are very happy to resort to falsehoods to advance their cause. Recently the National Rifle Association put out an ad that claims Hillary Clinton doesnt believe in your right to keep a gun at home for self-defense. This is entirely true, but Glenn Kessler over at the Washington Post calls it false:
Clinton has said that she disagreed with the Supreme Courts decision inHeller, but she has made no proposals that would strip Americans of the right to keep a gun at home for self-defense. Clinton is certainly in favor of more gun regulations and tougher background checks, and a more nuanced ad could have made this case.Conjuring up a hypothetical Supreme Court justice ruling in a hypothetical case is simply not enough for such a sweeping claim.That tips the ads claim into the Four-Pinocchio category.
This is just a shameless mess.As I have argued before, Clintons disagreement with the Supreme Courts ruling inHelleris anunequivocal rejection of the right to keep a gun at home for self-defense.That is the very rightHellerdecided in favor of!To be againstHelleris to be against the individual right to own firearms. This is not up for debate.
Now, Clinton claims she merely disagrees withHellerinsofar as she believes cities and states should have the power to craft common-sense laws to keep their residents safe. But this is nonsense:Hellernot onlyallows for such laws, itexplicitly authorizes them.Given that Hillarys justification for opposingHelleris meaningless, we must assume she opposes it for its core substancenamely, that it affirms the individual right codified in the Second Amendment.
In other words, Hillary Clinton wants to take your guns away. Shes been honest about it; why cant our fact checkers?
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Second Amendment: How Does It Work? Left Has No Idea
- NRA-ILA demonstrates its influence in advancing Second Amendment causes - Buckeye Firearms Association - December 18th, 2024 [December 18th, 2024]
- Availability of a second Amendment to the 2023 Universal Registration Document - Yahoo Finance - December 14th, 2024 [December 14th, 2024]
- Justices Thomas, Alito, and Gorsuch Signal Readiness to Revisit Second Amendment Licensing Disputes - USA Herald - December 14th, 2024 [December 14th, 2024]
- Supreme Court Passes On Chance To Correct Hawaii Ruling Finding Spirit Of Aloha Trumps Second Amendment - Daily Caller - December 10th, 2024 [December 10th, 2024]
- AG nominee Pam Bondi's mixed record on Second Amendment raises 'red flags' - Buckeye Firearms Association - December 8th, 2024 [December 8th, 2024]
- Nearly 100 Anti-Second Amendment Measures Proposed To Texas Legislature - Firearms News - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Takes Stand to Stop Mexico from Violating U.S. Constitution & Second Amendment - Texas Border Business - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Leads Bicameral Amicus Urging Supreme Court to Uphold American Sovereignty and the Second Amendment - TexasGOPVote - December 8th, 2024 [December 8th, 2024]
- The bill aims to protect Texans Second Amendment rights by blocking enforcement of extreme risk protective orders - The Dallas Express - December 8th, 2024 [December 8th, 2024]
- Trumps New Attorney General Pick Should Face Tough Questions at Confirmation. She Flouts the Second Amendment - The Stream - November 26th, 2024 [November 26th, 2024]
- Ames Moot Court Competition takes on the Second Amendment - Harvard Law School - November 26th, 2024 [November 26th, 2024]
- State Leaders Take Aim at the Second Amendment - The Dallas Express - November 26th, 2024 [November 26th, 2024]
- Trump's victory over Harris proves 'Second Amendment won,' gun rights groups say - Fox News - November 16th, 2024 [November 16th, 2024]
- Mecklenburg Co. Sheriff's Office stripping sober gun owners of their Second Amendment right - WCNC.com - November 16th, 2024 [November 16th, 2024]
- Where John Thune Stands on Gun Control and the Second Amendment - Guns.com - November 16th, 2024 [November 16th, 2024]
- Elections have consequences, particularly when it comes to the Second Amendment - Rome Sentinel - November 10th, 2024 [November 10th, 2024]
- Analysis: Can Arms in Common Use be Banned Under the Second Amendment? [Member Exclusive] - The Reload - November 2nd, 2024 [November 2nd, 2024]
- Where the Harris/Walz Ticket Stands on the Second Amendment - Catalyst - November 2nd, 2024 [November 2nd, 2024]
- Harris Claims She, Not Trump, Will Defend the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - November 2nd, 2024 [November 2nd, 2024]
- An NRA Shooting Sports Journal | Royce Gracie Speaks Out About NRA And The Second Amendment - Shooting Sports USA - October 29th, 2024 [October 29th, 2024]
- Future of SCOTUS and Second Amendment rights on the ballot - Buckeye Firearms Association - October 29th, 2024 [October 29th, 2024]
- A Second Amendment Rally Like No Other - MSN - October 29th, 2024 [October 29th, 2024]
- Second Amendment Voters Arent Buying Harriss Pandering But Theyre Glad She Feels Compelled to Try - National Review - October 29th, 2024 [October 29th, 2024]
- Elon Musk Gets to the Basis of the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - October 29th, 2024 [October 29th, 2024]
- Hovde and Baldwin on the Second Amendment and gun control - PBS Wisconsin - October 21st, 2024 [October 21st, 2024]
- Kamala Harris claims she's got a gun, but Second Amendment supporters say good luck getting yours - Fox News - October 14th, 2024 [October 14th, 2024]
- Trump fans fear for Second Amendment at festival of God, guns and motorcycles - FRANCE 24 English - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: The VanDerStok Argument - Reason - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: ATF's Wish to Trace More Firearms Doesn't Justify Redefining "Firearm" - Reason - October 3rd, 2024 [October 3rd, 2024]
- Harris and Walz Are Gunning for the Second Amendment - Heritage.org - October 3rd, 2024 [October 3rd, 2024]
- Travis Kelce slams NFL for punishing player over gun celebration: 'It's my second amendment! I have the right - Daily Mail - October 3rd, 2024 [October 3rd, 2024]
- Massachusetts Governor Healey Subverts Democratic Process And The Second Amendment - The Truth About Guns - October 3rd, 2024 [October 3rd, 2024]
- Local leaders take part in Peterborough Town Library discussion on Second Amendment - Monadnock Ledger Transcript - October 3rd, 2024 [October 3rd, 2024]
- An Official Journal Of The NRA | Kamala Harris Would Destroy The Second Amendment - America's 1st Freedom - September 28th, 2024 [September 28th, 2024]
- Rep. Tenney Recognized for Support of the Second Amendment - Finger Lakes Daily News - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Arizona Daily Star - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Quad-City Times - September 28th, 2024 [September 28th, 2024]
- Lower courts willingly thumb nose at SCOTUS over Second Amendment - Buckeye Firearms Association - September 28th, 2024 [September 28th, 2024]
- Glenn Grothman will defend our Second Amendment rights -- Nathan Pollnow - Madison.com - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Comprehensive Guide to Gun Rights and Ownership - Journal of the San Juan Islands - September 26th, 2024 [September 26th, 2024]
- Letter to the Editor: Second Amendment rights - Newton Daily News - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Must-Have for Every Gun Owner? - The Daily World - September 26th, 2024 [September 26th, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - National Shooting Sports Foundation - September 26th, 2024 [September 26th, 2024]
- Kamala Harris for the castle doctrine, and the Second Amendment - Daily Kos - September 22nd, 2024 [September 22nd, 2024]
- People gather for Second Amendment march - WLNS - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris on Second Amendment Support, Gun Law Reform: 'Somebody Breaks in My House, Theyre Getting Shot' - Yahoo Entertainment - September 22nd, 2024 [September 22nd, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - PR Newswire - September 22nd, 2024 [September 22nd, 2024]
- Harris and Walz: Gunning for the Second Amendment - Bradford Era - September 22nd, 2024 [September 22nd, 2024]
- Column: Harris and Walz are gunning for the Second Amendment - The Virginian-Pilot - September 22nd, 2024 [September 22nd, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Madison.com - September 22nd, 2024 [September 22nd, 2024]
- AMY SWEARER: Harris and Walz: Gunning for the Second Amendment - Indiana Gazette - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris Opens Up About Gun Ownership and the Second Amendment - La Voce di New York - September 22nd, 2024 [September 22nd, 2024]
- OPINION SHAPER: Addressing mass shootings in the context of the second amendment - The Post and Courier - September 19th, 2024 [September 19th, 2024]
- The Second Amendment is the hill we are literally willing to die on - The Courier - September 19th, 2024 [September 19th, 2024]
- Defensive Gun Use Shows Second Amendment Remains Necessary, Even After Tragedies - Daily Signal - September 16th, 2024 [September 16th, 2024]
- How the Supreme Court Broadened the Second Amendment - The Trace - September 16th, 2024 [September 16th, 2024]
- Kamala Harris reminded voters she owns a gun during debate. Heres her stance on the Second Amendment - The Independent - September 16th, 2024 [September 16th, 2024]
- Second Amendment sales tax holiday expected to draw in big crowds in Mississippi - WLBT - August 31st, 2024 [August 31st, 2024]
- Massachusetts reverses switchblade carry ban, saying they are protected under Second Amendment - The Independent - August 31st, 2024 [August 31st, 2024]
- Second Amendment Sales Tax Holiday in Mississippi set for this weekend - Kosciusko Star Herald - August 31st, 2024 [August 31st, 2024]
- Second Amendment Sales Tax Holiday begins August 30th - WXXV News 25 - August 31st, 2024 [August 31st, 2024]
- Church gives away AR-15 in raffle to celebrate Independence Day - WFXL FOX 31 - July 10th, 2024 [July 10th, 2024]
- Could medical cannabis users lose their Second Amendment rights? | - 1819 News - July 10th, 2024 [July 10th, 2024]
- Jefferson Said 'Beauty of 2nd Amendment' Is It's Not Needed 'Until They Try To Take It'? - Snopes.com - June 16th, 2024 [June 16th, 2024]
- BOB BARR: When It Comes To The Second Amendment, The More Things Change The More They Remain The Same - MDJOnline.com - June 16th, 2024 [June 16th, 2024]
- Craig DeLuz: What the Supreme Court's Bump Stocks Ruling Means for the Second Amendment and Separation of ... - National Center for Public Policy... - June 16th, 2024 [June 16th, 2024]
- Trump defied the NRA to ban bump stocks, now says he 'did nothing' to restrict guns - FOX 29 - June 16th, 2024 [June 16th, 2024]
- The Rational Ruling on Bump Stocks - The New York Sun - June 16th, 2024 [June 16th, 2024]
- Theres a First Amendment right to express Second Amendment views - Washington Examiner - June 2nd, 2024 [June 2nd, 2024]
- SCOTUS unanimous for NRA in First Amendment battle - Buckeye Firearms Association - June 2nd, 2024 [June 2nd, 2024]
- How the Second Amendment Came From Our Biblical Heritage - The Stream - June 2nd, 2024 [June 2nd, 2024]
- Amateur Gunsmith Told by N.Y. Judge the Second Amendment 'Doesn't Exist' in Her Courtroom Gets 10 Years in Prison - The New York Sun - May 15th, 2024 [May 15th, 2024]
- Circuit Court Rules for Nonviolent Criminal In 2nd Amendment Case - Firearms News - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit finds that convicted felons also have Second Amendment rights - White Mountain Independent - May 15th, 2024 [May 15th, 2024]
- To gun control elitists, 'bitter clingers' are also 'poor souls' - Buckeye Firearms Association - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit panel: Convicted felons have Second Amendment rights - Buckeye Firearms Association - May 15th, 2024 [May 15th, 2024]
- Hawaii Supreme Court Justice Todd Eddins condemns the bogus originalism of SCOTUS. - Slate - May 15th, 2024 [May 15th, 2024]
- Wyoming joins 21-State Coalition in Lawsuit in Defending Second Amendment Rights from Federal Overreach - The Cheyenne Post - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit Panel Concludes That Some Felons May Have Second Amendment Rights - Reason - May 11th, 2024 [May 11th, 2024]
- Federal judge finds no right to bear arms for protection of drug stash - Maryland Daily Record - May 11th, 2024 [May 11th, 2024]