March 22, 2007

Guns > "The Embarassing Second Amendment"

by Sanford Levinson, in the Yale Law Journal:

The Second Amendment, though, is radically different from these other pieces of constitutional text just mentioned, which all share the attribute of being basically irrelevant to any ongoing political struggles. To grasp the difference, one might simply begin by noting that it is not at all unusual for the Second Amendment to show up in letters to the editors of newspapers and magazines. [26] That judges and academic lawyers, including the ones that write casebooks, ignore it is most certainly not evidence for the proposition that no one else cares about it. The National Rifle Association, to name the most obvious example, cares deeply about the Amendment, and an apparently serious Senator of the United States averred that the right to keep and bear arms is the "right most valued by free men." [27] Campaigns for Congress in both political parties, and even presidential campaigns, may turn on the apparent commitment of the candidates to a particular view of the Second Amendment. This reality of the political process reflects the fact that millions of Americans, even if (or perhaps especially if) they are not academics, can quote the Amendment and would disdain any presentation of the Bill of Rights that did not give it a place of pride.

And it goes one to an excellent history of the second amendment and explains why it means what is says.

It also includes Abbey Hoffman's wonderful re-phrasing of a bumper sticker: "If guns are outlawed, only the government will have guns."

Posted by lesjones | TrackBack



Comments

Abby was enough of an outlaw to know better than that. It suited his political purposes to keep hippies from being anti-gun is all.

Posted by: triticale at March 23, 2007
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