Tuesday, March 27, 2018
Retired SCOTUS Justice: Repeal The Second Amendment
Retired Supreme Court Justice John Paul Stevens is still on his game. His editorial in today's NY Times is a righteous call to get rid of the 2nd Amendment, which he calls an "18th century relic." Makes me wish he hadn't retired. An excerpt follows the link.
https://www.nytimes.com/2018/03/27/opinion/john-paul-stevens-repeal-second-amendment.html
For over 200 years after the adoption of the Second Amendment, it was uniformly understood as not placing any limit on either federal or state authority to enact gun control legislation. In 1939 the Supreme Court unanimously held that Congress could prohibit possession of a sawed-off shotgun because the weapon had no reasonable relation to the preservation or efficiency of a "well-regulated militia."
During the years when Warren Burger was our chief justice, from 1969 to 1986, no judge, federal or state, as far as I am aware, expressed any doubt as to the limited coverage of that amendment. When organizations like the National Rifle Association disagreed with that position and began their campaign claiming that federal regulation of firearms curtailed Second Amendment rights, Chief Justice Burger characterized the NRA as perpetrating "one the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime."
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Constitutional rights are not unlimited rights.
The Second Amendment is a single-sentence train wreck of garbled syntax and random punctuation. Any semi-conscious 7th grade English teacher would give it an F.
It is an amendment, a change, an alteration, an addition. It is not Holy Writ.
That which has been added can also be removed. In 1919, the 18th Amendment added the prohibition of alcohol to the U.S. Constitution. In 1933, the 21st Amendment removed it.
Because the 2nd Amendment is in fact an antiquated relic, and especially because the NRA has successfully perverted whatever useful meaning it may once have had, we can safely get rid of it and devise a sensible and reasonable replacement.
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(I've commented on this subject so often I've lost count. He's one example referencing the 1939 decision mentioned by Justice Stevens.)
http://bustergammons.blogspot.com/2013/01/the-second-amendment.html
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