The Soapbox

Joined: 01/04/2001 Posts: 27049
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Well, I don’t think I agree with that. We’re a nation of laws,

And the blueprint is the Constitution. 2A governs our gun rights far more than anything else IMO. Laws that restrict gun rights must be found to be consistent with 2A. And I think there are plenty of great arguments for that (like background checks, or even licensing of some sort, and restrictions to assault-style weapons that bear no resemblance to anything in existence in 1790).

But to say that 2A is not an extremely important consideration - I mean, we just experienced a threat to our democracy (in both our views, I’m sure) that spotlights the need for “guardrails”. One of the most important guardrails is making sure our laws are constitutional. Probably the most important.

So IMO, 2A’s relationship to the gun rights debate has never been more important.
[Post edited by hoolstoptheheels at 03/24/2021 10:58AM]

(In response to this post by Seattle .Hoo)

Posted: 03/24/2021 at 10:56AM

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Gorsuch likes to opine that he must go back to the original text & meaning -- Lazarus 03/24/2021 09:13AM

...and the Federalist papers make this even more clear as they do -- HoosQ 03/24/2021 11:09AM

To me a state's national guard should be this militia -- Oregon Hoo 03/24/2021 11:02AM

That is, in fact, what the NG is, formalized by the Militia Act of 1903 and -- Seattle .Hoo 03/24/2021 11:09AM

National Defense Act of 1916 was a key. -- DanTheFan 03/24/2021 11:19AM

Yes, what I was referring to about modifications, which happened -- Seattle .Hoo 03/24/2021 11:26AM

"Originalist" interpretation is a con game. ** -- DanTheFan 03/24/2021 10:36AM

Dan, you are more succinct than I. Chapeau +1 ** -- Lazarus 03/24/2021 11:02AM

I agree with that. I would never call myself an “originalist”. ** -- hoolstoptheheels 03/24/2021 11:00AM

It’s not like there is no room at all for interpretation. -- hoolstoptheheels 03/24/2021 10:19AM

But that argument would be moot. If you get called up to the National Guard -- Seattle .Hoo 03/24/2021 10:28AM

Agreed, and that goes to my argument about the current state of things. -- hoolstoptheheels 03/24/2021 10:43AM

The text of the 2A isn't the only consideration. In fact, it probably isn't -- Seattle .Hoo 03/24/2021 10:50AM

Well, I don’t think I agree with that. We’re a nation of laws, -- hoolstoptheheels 03/24/2021 10:56AM

Again, you have to look at Article 1 and laws governing the militia in -- Seattle .Hoo 03/24/2021 11:03AM

I can definitely buy that - we should look at the sum total of -- hoolstoptheheels 03/24/2021 11:08AM

I just find it interesting that originalist or now textualist take militia -- Lazarus 03/24/2021 10:25AM

I’ve said before that the right and left should make a trade: -- hoolstoptheheels 03/24/2021 10:34AM

The answer to your conundrum is the morning after pill. Most abortions -- Lazarus 03/24/2021 11:00AM

It isn't for government to answer the spiritual question. Which is why Roe -- Seattle .Hoo 03/24/2021 10:37AM

Yeah, in the end, I probably would too. -- hoolstoptheheels 03/24/2021 10:49AM

I didn't say I agreed with Roe. I do think abortion should be legal but -- Seattle .Hoo 03/24/2021 10:53AM

Hey, me too. But that doesn’t mean the Constitution guarantees it. ** -- hoolstoptheheels 03/24/2021 10:57AM

I think I said that! ;) ** -- Seattle .Hoo 03/24/2021 11:03AM

Regulated could mean controlled or in that sense it could mean ordered or -- RML Hoos 03/24/2021 10:04AM

That's really not it at all. It is clear that regulation of the militia -- Seattle .Hoo 03/24/2021 10:24AM

Colonial militia days were notoriously riotous affairs -- Shenhoo 03/24/2021 10:24AM

Very well-said. Agreed that... -- Los Angeles Hoo 03/24/2021 10:16AM

I will try to find an interesting article Judge Posner wrote about the 2A -- WahooRQ 03/24/2021 10:13AM

The gunfight at the OK Corral was ostensibly about disarming some of the -- Seattle .Hoo 03/24/2021 10:22AM

Does it say that the right of the militia to bear arms shall not be -- MaizeAndBlueWahoo 03/24/2021 09:57AM

No ** -- 111Balz 03/24/2021 10:33AM

🤦‍♂️ 🤦‍♂️ 🤦‍♂️ ** -- WahooRQ 03/24/2021 10:07AM

Logic fail. The Constitution does not say what people MUST do, there is no -- 81_Hokie 03/24/2021 10:05AM

Well, which is it? -- MaizeAndBlueWahoo 03/24/2021 10:14AM

Logic fail 2. It's about a militia. It is silent about what people not -- 81_Hokie 03/24/2021 10:26AM

Or decide a poorly worded, 230 year old phrase isn't worth 40k deaths / yr -- Bacon 03/24/2021 10:03AM

We already take that into account. The 2A doesn't guarantee the -- BocaHoo91 03/24/2021 10:09AM

But where you stop with the definition of "arms"..... ** -- Zhoo 03/24/2021 12:52PM

It's like they don't understand the 2nd amendment was to protect hunting. ** -- ResistHoo 03/24/2021 10:18AM

I don't care what the 2A was intended to protect. I think we should amend -- BocaHoo91 03/24/2021 10:27AM

Just ask the Afghanis and Vietcong about superior weaponry. -- ResistHoo 03/24/2021 10:33AM

Both did a lot better after they were given advanced weaponry by the US or -- WahooRQ 03/24/2021 10:52AM

You're right - I'm sure Bernie can't wait to Tomahawk the deplorables. -- ResistHoo 03/24/2021 11:03AM

I think the yahoos with AR-15s and Tac visors could prevent -- BocaHoo91 03/24/2021 10:36AM

But that poorly worded phrase is used to block everything -- Bacon 03/24/2021 10:17AM

Anyone who knows history can tell you the 2A was there to prevent the feds -- WahooRQ 03/24/2021 09:35AM

The "originalists" always seem to pretend that isn't the case. That and the -- Seattle .Hoo 03/24/2021 10:14AM

The militia in those days consisted of all males capable of fighting. -- JMHoo 03/24/2021 09:24AM

I'm afraid that's true, which is why you don't seem me arguing that a -- southdenverhoo 03/24/2021 12:43PM

They would have been damn good shots also...miss too often and go hungry ** -- Tuckahokie 03/24/2021 10:17AM

What do you think they meant when they said 'well regulated militia'? Read -- 81_Hokie 03/24/2021 09:33AM

All landowning white males. I guess you guys are originalists afterall! ** -- WahooRQ 03/24/2021 09:33AM

Apparently "That's different" is a valid defense in the SCOTUS too. ** -- TomGlansAski 03/24/2021 09:17AM