The five extra words that can fix the Second Amendment

[peyton]

Justice Stevens of the US Supreme Court wrote an essay and included the following that would fix the Second Admendment:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”

The five extra words that can fix the Second Amendment - The Washington Post

 

[fdw]

Excuse me for a second, I've got to go throw up...

PS- This makes me want to go buy another M&P.

 

[CDROBERTS]

Justice Stevens of the US Supreme Court wrote an essay and included the following that would fix the Second Amendment:

That's all well and good, but last time I looked, the Second Amendment wasn't broken.

 

[Cpl Ken]

I am a citizen, I own firearms, I AM the MILITIA.
2A is very elegant and easy to understand, just get an old dictionary and use the contemporary meanings and the 2A becomes very clear;
You are a citizen, you own firearms, YOU ARE the MILITIA.
The meaning of "Well-regulated" (Larry Cipriani)

 

[poordevil]

The Second Amendment was written to Confirm that We The People, had the ability to withstand and deter a tyrannical and overreaching Government. That we the people are the ultimate owners and possessor's of the Country, not the government. The government is supposed to work for us. We need to vote and put the people in government who will keep our interests forefront. To fall into this trap of trying debate this with those who will not be swayed by any argument is a losing battle. They are bigots. Instead of trying to reason with them, they need to be told they are a bigot and let them go on the defensive to prove they are not, which they can not do. We are in the right and to dicker with them keeps us back peddling and gives them the upper hand.

 

[GerSan69]

"Thanks, Mr. Justice Stevens, for your opinion. However, there is no need or want in the country for any change to the Second Amendment, or for any part of the Bill of Rights for that matter. Perhaps your opinions are better used in areas of the law that DO need changing, because they are numerous."
From "Me," today when I read that story in the democrat party newspaper from D.C.

 

[Aticus]

Leave it to a lawyer to take 10,000 words to say what could be said in 100. What we call the "Bill of Rights" has served us for over 200 years why change it now?

 

[vytoland]

2nd amendment....it AIN'T broke so DON'T fix it.....

 

[Steely Dan]

Stevens is an intellectual light weight compared to the common-sensed brilliance the founding fathers possessed.

The 2nd Amendment is crystal clear.

It has stood the test of time.

It is irrefutable.

Get over it.

 

[Alk8944]

Justice Stevens needs to research the definition of "Militia" under Federal law! He also needs to research the definition of "Right"! Rights are inherent and GOD given, not granted by statute or government fiat which can be revoked. The Liberals understand this(!), that's why they continue to torture the 2nd Amendment to try to get it mean what they wish it meant!

The only ones for which this would "fix" anything is those of the Liberal persuasion who would then push to re-define Militia as only those active members of the National Guard.

Thank GOD the United States is a Constitutional Republic and not a Democracy as too many seem to believe it is! And Government/Civics is an elective subject in many school districts, NO ONE will know this in just another generation!!!!!

 

[poordevil]

2nd amendment....it AIN'T broke so DON'T fix it.....

I like this. It reminded me of something I heard along these lines......If it is not broke, don't fix it......Or the Government will fix till it is broke!

 

[smitholdtimer]

Just open the door by re-writing

Not necessary, leave it alone, read it, not interpret it! It says what its always said! You allow anyone to dabble in rearranging our rights and you are asking for trouble!

 

[Waywatcher]

Most importantly, the words he wants to add would make the second amendment make no sense.

An effective militia cannot exist if the people have no guns; his change would put the cart before the horse.

 

[vonn]

The 2 A is written so simply and elegantly that anyone should be able to understand it's meaning and those who would tamper with any of the rights are a danger to us all.

 

[jtpur]

Did any reader notice that a sawed off shotgun was banned because it had no relationship to a military arm yet JPS believes " assault rifles" are not in "common use." Does any one know how to save five drowning lawyers.
NO!!!! Well thank heaven for small miracles.

 

[LoboGunLeather]

The Constitution is essentially the social contract entered into by the people and the several states forming a common national government. It should be remembered that the states effectively refused to ratify the Constitution until it had been modified to include the Bill of Rights (first ten amendments) enumerating and guaranteeing in perpetuity certain specific rights, including the right to keep and bear arms.

The Constitution can be amended only by what amounts to a supermajority, as it was deemed to be of great importance to make the process difficult.

The Constitution might even be replaced, but doing so would require another Constitutional Convention. An attempt in that direction could leave open the possibility that individual states might opt out, refusing to ratify a new Constitution and leaving the union (either individually or as a group of states forming a new nation or nations). For this reason I think it unlikely that any party or group would attempt such a measure.

It would be far simpler and easier to load the courts with judges interpreting the content of the Constitution in certain ways, while simultaneously demonizing certain things (like guns and gun owners) via a state-controlled educational system and sycophantic media. I wonder if anyone will ever think of trying such things?

 

[poordevil]

Another thing I read was in National Geographic. You know how they almost always have a map of a country they are highlighting. It was Switzerland. While giving the specifics about the country like Population, Religion, Square Miles, etc. it mentioned that the people, in mass, kept military weapons at home.......Because the government did not fear the People. So I guess we infer that a government disarms the people when it fears them. Why would a government fear its own people? I don't know, unless it means to do them a dirty deed.

 

[Beemerguy53]

I am so sick of people arguing that the Second Amendment is only about militias or some such nonsense.

The Bill of Rights was incorporated into the Constitution in order to protect the rights of citizens from being infringed by the government. It is incomprehensible that in a list of 10 amendments safeguarding the rights of 'the people', the Founders would have included an amendment guaranteeing the right of government militias to be armed.

Furthermore, the right of the government to be armed is already included in Article 1, Section 8 of the Constitution, which authorizes Congress to maintain a Navy and raise an army.

Finally...having defeated the world's greatest superpower (Great Britain) with a largely civilian, volunteer army, it is simply inconceivable that the Founders would endorse the notion that only the government should be armed.

 

[PALADIN85020]

"FIXING" the Second Amendment would be exactly the same as FIXING a dog! And the intention/result would be the same, also.

John

 

[CoMF]

Considering that, in light of what meaning the language had at the time the Constitution was penned, I don't see what the big deal is since we essentially -are- the "militia" and we wouldn't be "well-regulated" if we didn't have access to the proper equipment.

So this op. ed. is, in essence, just another flub from the "living document" school of thought.

Nothing to really get one's feathers ruffled over.

Edited to Add: Pennsylvania got it right, at least, by preempting this exact sort of nonsense...

"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."

and:

"To guard against the transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate."