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this post was submitted on 15 Apr 2024
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Context also matters. The authors also thought that a standing army was part of the park to tyranny, opting for a militia system in place of it. The purpose of the Second Amendment, by its own words, is to ensure that nothing could legally stand in the way of regular and irregular militia being able to protect the fledgling nation.
As it stands now, the Second Amendment is an anachronism that's sole purpose for existing is no longer applicable. It needs to be re-evaluated and amended to fit the needs of a nation that has both a standing army and a problem with civilians shooting each other (police are civilians too).
The trick with amending it is the process is such a high bar, it can't be done given current political divisions.
290 Congressmen, 67 Senators, and 38 states all have to agree to the new terms to make it happen.
The last time we saw that kind of unity in the House was the 311 votes to bounce George Santos. LOL!
This is also true. Would be better chances if there was actual proportionality in the House.
A pipedream at best, 36 States have flatly refused to even consider any amendment to the 2nd.
This is, unfortunately true.
The constitution was specifically written to allow a standing army to exist. Not having one was a major failure of the articles of confederation. The second ammendment doesn't exist for some obscure military purpose, it exists to give people the right to bear arms.
Because of the army. They knew an army was required, so they knew the populace must be permitted to keep their guns, to balance the power of the army.
This is factually incorrect.
Casual reading of contextual documents by the authors of the Constitution makes it very clear that the reason for the time limit is the belief that standing armies ought not to exist and are tools of tyranny. The context of the Second Amendment is not done obscure military one, it is blatant in the Amendment's text that it concerns militia, which was the founders' alternative to a standing army. In that context, yes, it does require that all people be able to bear arms because the irregular militia was basically anyone capable of shouldering a musket.
However, as the country did move to have a standing army and police forces, the militia system is mostly obsolete. The closest thing to a militia in the country in modern times is the national guard but, they are closer to a "select militia" that was also looked upon unfavorably by the founders.
I'm not placing a judgement on the Second Amendment as being right or wrong but that it was written for a context that is mismatched with our own. It needs to be re-evaluated and updated to account for the difference in context in order to have a logical place in the law of the country.
The US has always had a standing army, so even the people that wrote the constitution voted to keep a standing army. The notion that it was intended to not have a standing army is a wilful misrepresentation.
You know what? I don't think that you're correct but am not a historian, though I did study a bit of early US history in university. Fortunately, there are historians that we can ask to figure this out. Will edit with a post if they're willing to comment on the issue.
No they knew an army was necessary to defend the nation, and therefore militias were to be allowed to counterbalance the army.
lives in an era where vast swathes of the underclass live in de facto military occupation under a standing army in blue uniforms, where there is frequent murder with impunity and framing of innocent people to cover it up
"As it stands now, the Second Amendment is an anachronism that's [sic] sole purpose for existing is no longer applicable."
Unreal.