March 28, 2018

Repeal the Second Amendment? Why not? #2A

For wingers in general and 2Aers in particular frothing in their mouth-breathing on Twitter that amendments can't be repealed, of course they can.

The 21st Amendment specifically by word repealed the 18th:

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Nothing clearer than that.

Second, another person, who's a 2A mouth-breather, or semi-so, and a friend of Brains to boot, claims all of the Bill of Rights is about individual rights.

Not so. Contra pseudo-originalists like Nino Scalia, and apostates like Laurence Tribe (for whatever reason), the Second Amendment, with the "well-regulated militia" being the controlling clause, had a corporatist angle. Also, I don't know about 1790, but in 1775, only 10 percent of Americans, by estimates, even owned guns.

Beyond that, the Tenth Amendment talks about right of states, who aren't individuals.

Third, to turn back to point No. 1, amendments 12-17, while not repealing previous amendments, did partially (14th) or fully "repeal" specific items of the body of the Constitution rather than create new rights.

The mouth-breathers, in their claims to originalism or other things, rather stake a claim to historical ignorance. And interpretive ignorance.

Now, it may be highly idealistic to repeal the amendment. But, that's a different story. It has historic precedent. That said, the original Eighteenth Amendment was even more idealistic.

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