GUN Repeal Second Amendment, Analyst Advises

Discussion in 'On Topic' started by twistid, Jun 13, 2007.

  1. twistid

    twistid Banged By Super Models Moderator

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    Repeal Second Amendment, Analyst Advises
    By Nathan Burchfiel
    CNSNews.com Staff Writer
    June 12, 2007

    (CNSNews.com) - The Second Amendment guarantees the right of an individual to own guns and for that reason should be repealed, according to a legal affairs analyst who opposes gun ownership.

    "The Second Amendment is one of the clearest statements of right in the Constitution," Benjamin Wittes, a guest scholar at the center-left Brookings Institution, acknowledged in a discussion Monday. "We've had decades of sort of intellectual gymnastics to try to make those words not mean what they say."

    Wittes, who said he has "no particular enthusiasm for the idea of a gun culture," said that rather than try to limit gun ownership through regulation that potentially violates the Second Amendment, opponents of gun ownership should set their sights on repealing the amendment altogether.

    "Rather than debating the meaning of the Second Amendment, I think the appropriate debate is whether we want a Second Amendment," Wittes said. He conceded, however, that the political likelihood of getting the amendment repealed is "pretty limited."

    Wittes said the Second Amendment guarantee of the right to bear arms meant more when it was crafted more than 200 years ago than it does today. Modern society is "much more ambivalent than they [the founders] were about whether gun ownership really is fundamental to liberty," he said.

    "One of the things that they believed was that the right of states to organize militias, and therefore individuals to be armed, was necessary to protect the liberty of those states against the federal government," Wittes said. "This is something we don't really believe as a society anymore."

    But challenging the Second Amendment on the basis that society's circumstances have changed since the drafting would similarly open up to question all other constitutional rights, according to Georgetown University law professor Randy Barnett, who also participated in Monday's discussion.

    "The techniques that are used to show that the Second Amendment really doesn't have any contemporary relevance are absolutely available to anybody who wants to show that aspects of the First Amendment and the Fourth Amendment and the Fifth Amendment have no contemporary relevance," he said.

    Citing the Fourth Amendment, which protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," Barnett argued, "Sure it was fine that persons should be secure in their papers and effects back in the old days when there wasn't a danger of terrorism and mass murder."

    But advocates of warrantless searches could make an "appeal to changing circumstances," on the basis that the Fourth Amendment is "archaic [and] we don't need it anymore," he added.

    Barnett recommended that gun control advocates "not favor methods of interpretation [to criticize the legitimacy of the Second Amendment] that you wouldn't want to put in the hands of political opponents."
     
  2. DaninTexas

    DaninTexas OT Supporter

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  3. vettefan52

    vettefan52 Guest

    this nutjob can not be serious... does he know the world of shit he would start if they went after the 2nd all together? there would be all out civil war. this guy is a complete moron.
     
  4. Dumbstixlars

    Dumbstixlars Ron Paul/AR-15/Glock/old car/Scooby/R/C croo OT Supporter

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    I think he under estimates "modern society".
     
  5. vettefan52

    vettefan52 Guest

    if we are going to repeal ammendments now, i want to repeal 16, 19, 22 and 27
     
  6. PanzerAce

    PanzerAce Active Member

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    so he is willing to have 90+ million people with guns pissed off? I see civil war round two...and only one side of it is ready.
     
  7. Wave

    Wave Carlos Spicy Weiner

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    Well... he's half right

    The rest is pure hog shit...
     
  8. Soybomb

    Soybomb New Member

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    Actually I think he's trying to tell other anti-gun people to be intellectually honest about what they're doing. If you don't want people to have guns you need to really go after the 2nd amenment and not say oh yeah we'll keep that because its about the collective right. I truly like that and am glad some anti-gun people are willing to read the constitution and admit they're trying to take something in the bill of rights away.

    I wonder what would happen if I ever published an article saying that religion was outdating, harming society, and freedom of exercise needed to go...
     
  9. vettefan52

    vettefan52 Guest

    i didnt see that point of view... that is a very good point. well, i guess hes not complete scum afterall, just partial scum.
     
  10. kf4zht

    kf4zht New Member

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    While we are at it we can get rid of the 1st so we don't have to listen to his shit.
     
  11. PanzerAce

    PanzerAce Active Member

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    :werd:, atleast he is being honest about being scum :dunno:
     
  12. NEp8ntballer

    NEp8ntballer New Member

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    people have already done that.
     
  13. idleprocess

    idleprocess Bring a dollar with you baby in the cold cold grou

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    Har. An "analyst" advises that the 2nd Amendment be appealed, so we should concede to their alleged authority?

    Clever strategy. The anti-gun movement now sees decades of unfounded judicial precedent evaporating with some of the new cases before circuit courts, so they are now accepting that the 2nd Amendment needs to be dealt with rather than their previous tactics of creeping incrementalism... and they concede that it's an unlikely proposition.
     
  14. Gimik

    Gimik New Member

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    that one got me :rofl:
     
  15. Gimik

    Gimik New Member

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    I completely agree with this. I think it's fine this guy has this opinion - at least he's being honest and he can read.

    Of course he looks like a total nutjob (and I think he is) for saying the constitution is out of date. It's something I've heard a lot of people HINT at, but none have actually SAID it.
     

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