The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Tuesday, July 24, 2012

Get rid of the 2nd Amendment


It was intended in the 18th Century to defend republican institutions against resurgent monarchy and aristocracy and to prevent the great and rich from trampling the rights of the people.

In our time it has become a public safety disaster, a weapon of the unscrupulous plutocracy, and a threat to republicanism and democracy.

I posted the below in answer to this post of BooMan’s with which I mostly agree. 

Indeed, much of what I write repeats what he writes.

But not all, and we don't agree on quite everything.


Considerable research has been done on the intentions behind the Bill of Rights as a whole and the 2nd Amendment in particular, mirrored in the constitutions of several other states at the time and since.

The generally accepted conclusion has been that protection of an individual right was intended and that the reasons it was thought necessary to protect that right were three: the need for self-defense in a frontier society, the need to hunt for food, and a popular – not an upper class – concern to enable resistance to tyranny at a time when the American synonyms for "tyranny" were “monarchy” and “aristocracy” rather than “socialism” or “Marxism.”

Madison and the men of Philadelphia had not included a Bill of Rights in the Constitution and he thought it both unwise and unnecessary to do so.

But, under pressure from many others including Jefferson, Madison drafted a list of amendments the then congress boiled down to the familiar ten.

When he did so he included in what became the second as a reason for its importance an allusion to the republican notion of the time that “a well-regulated militia” – as opposed to such a dangerous tool of tyranny, again meaning monarchy and aristocracy, as a standing army – is the “best security for a free state.”

At the time, a militia was just a somewhat drilled, trained, armed, and disciplined body of ordinary people.

Just the kind of thing the people could, it was felt, spontaneously organize among themselves to resist threatened impositions of monarchy or aristocracy if they owned their own weapons, though such spontaneously self-organized rebellion did not do well against George Washington’s troops during the Whiskey Rebellion.

All the same, that political reason was not the only reason for writing directly into the Constitution a guarantee of the individual right to keep and bear arms.

Something like the above understanding first became the conservative theory of the 2nd Amendment some decades ago.

It was accepted as early as 2008 by Barack Obama and has since through decisions of the Supremes been incorporated in the reigning jurisprudence of the land.

It is worth emphasizing, I think, that the tyranny this right was intended to enable the people to resist was embodied in monarchy and aristocracy, the then nearly universal forms of tyranny that America had just thrown off and that Ben Franklin alluded to in his famous statement of what sort of government the Constitution set up, “A republic, if you can keep it.”

And these forms of tyranny, of course, were emphatically defended by that modern conservative hero and vigorous enemy of republicanism and revolution, Edmund Burke, in his “Reflections on the Revolution in France,” a book of such infamous and black reaction that had it been written in America during our own revolution it would have been the deepest treason and well worth a hanging.

And it is also worth noting that the threat of a monarchist counterrevolution is past while nowadays having too many weapons in the wrong hands has become a major threat to public safety and itself dangerously subversive of our republican and constitutional government owing to the rise and spread of right wing political violence and intimidation.

And last, it is also worth noting, I suppose, that hunting is no longer one of life’s necessities for the majority of Americans and that any legitimate concerns for self-defense are addressed by small capacity pistols and shotguns.

So it’s time to repeal the 2nd Amendment.

Don’t you think?

Sorry, I should have included that it was felt when the Bill of Rights was adopted that the militia could defend the states and the Union against attack and invasion by another country while an army was organized and that this was preferable to reliance on a standing army because the latter could easily be used against the people and their liberties by the great and the powerful while the former could not and could even enable the people to deter, if not overcome, such attempts.

Of course, Washington's easy success against the Whiskey Rebellion made mincemeat of that idea, too.

Update.

And then there was that war of 1812 in which the Brits used regulars and the Americans mostly used militia on short term enlistments.

The Brits cleaned our clocks.

1 comment:

  1. As it happens, I follow No More Mister Nice Blog, and out of curiosity, I clicked through to see your blog. And I ended up at this post, which is a curious chance, because I just spent the last week arguing with gun enthusiasts about the Second Amendment over at Charlie Pierce's blog.

    Anyway, even among gun control advocates, it is rare to find someone willing to promote the idea that the Second Amendment is a complete anachronism, like the Third Amendment or the Three-Fifths Clause of the Constitution. So, cheers to you, sir.

    ReplyDelete