Second Amendment: How Does It Work? Left Has No Idea

Posted: August 23, 2016 at 9:21 am

I genuinely want to be done with defending the Second Amendment from theregular barrage of its historically illiterate and inept detractorsthe people who say this amendment protects only the right of the militia to own weapons.

One friend and fellow gun rights activist said its best to just ignore such people, in the same way that you might ignore people who say triangles have four sides or that the Sun orbits the Earth. It is tempting to just stop engaging the dopeswho simply refuse to consider basic, objective historical facts.

But I actually think this might be a bad strategy, as it may allow the debunked and nonsensical militia reading of the Second Amendment to gain ground. With a Hillary Clinton presidency and Supreme Court on the way, we need an American population that is historically knowledgeable. That means fighting back against the corruption of American knowledge.

Anti-gun folks will cheerfully exploit (and in many cases encourage) the ignorance of the American body politic to get what they want. It is important to push back against that wherever and whenever possible. By way of example: at the Huffington Post this week, Daryl Sneath, a recreational grammarian, is trying very hard totake advantage of American historical ignorance:

One of those things [the Framers]knew about is the comma, the only purpose of which is clarity. Doubtless the writers were acutely aware of this grammatical truism (despite their apparent affinity for complex diction) when they drew their collective stylus southward (certainly aware too of that symbolic direction) making the little mark immediately following the phrasethe right of the people to keep and bear arms. As such, the subject of the predicateshall not be infringedis clearly notthe right of the people. No subject is ever separated from its predicate by a comma alone. Put more plainly, the principal clause (or declaration) of the whole amendment is this:A well regulated militia shall not be infringed.The middle bit modifies the main.

Leaving aside the dubious grammatical reading, as well as the utter travesty of ahistorical non-engagement with contemporaneous eighteenth- and nineteenth-century primary sources, just marvel at this: A well regulated militia shall not be infringed. What would such a right evenmeanin the context of extant constitutional structure and precedent? It would actually meannothing.

Sneath seems to suggest that the Second Amendment provides some sort of bulwark to protect state militias against congressional infringement. But this is objectively, factually false: Congress hascompletecontrol over state militiasthe federal governmentcan organize and abolish the militiawhenever itfeels like it, and for whatever reasonand no serious historical scholar has ever suggested that the Second Amendment somehow circumscribes this congressional power in any way. Put another way: Sneath is implying that the Second Amendment prohibits Congress from doingthe very thing Congress is fully empowered to do.

I am genuinely curious: is there any other constitutional right, or any other constitutional amendment, that is so consistently and so aggressively handled with such base and inexcusable stupidity, on so regular a basis, and on such an industrial scale?I am not sure. You dont usually see arguments of this idiotic magnitude when it comes to, say, the Fourth Amendment, or the Sixth. You certainly see dumb interpretations of the First Amendment, but thats usually a matter ofdegree, notkind:you will have people arguing that the First Amendment doesnt protect hate speech, for instance, but nobody ever argues that the First Amendment only applies to state governments, say, rather than to individual members of the body politic.

Only the Second Amendment is subject to such illiterate and ahistorical analyses. Onceyou realizethat, you can fully graspwhy: many people simply do not like guns, and they will lieor else keep themselves deliberately ignorantto prevent other people from having them.

This is not an isolated incident: anti-gun folks are very happy to resort to falsehoods to advance their cause. Recently the National Rifle Association put out an ad that claims Hillary Clinton doesnt believe in your right to keep a gun at home for self-defense. This is entirely true, but Glenn Kessler over at the Washington Post calls it false:

Clinton has said that she disagreed with the Supreme Courts decision inHeller, but she has made no proposals that would strip Americans of the right to keep a gun at home for self-defense. Clinton is certainly in favor of more gun regulations and tougher background checks, and a more nuanced ad could have made this case.Conjuring up a hypothetical Supreme Court justice ruling in a hypothetical case is simply not enough for such a sweeping claim.That tips the ads claim into the Four-Pinocchio category.

This is just a shameless mess.As I have argued before, Clintons disagreement with the Supreme Courts ruling inHelleris anunequivocal rejection of the right to keep a gun at home for self-defense.That is the very rightHellerdecided in favor of!To be againstHelleris to be against the individual right to own firearms. This is not up for debate.

Now, Clinton claims she merely disagrees withHellerinsofar as she believes cities and states should have the power to craft common-sense laws to keep their residents safe. But this is nonsense:Hellernot onlyallows for such laws, itexplicitly authorizes them.Given that Hillarys justification for opposingHelleris meaningless, we must assume she opposes it for its core substancenamely, that it affirms the individual right codified in the Second Amendment.

In other words, Hillary Clinton wants to take your guns away. Shes been honest about it; why cant our fact checkers?

Read the rest here:
Second Amendment: How Does It Work? Left Has No Idea

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