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Antonin Scalia and the Clear and Present Danger of Second Amendment Fundamentalism


Antonin Scalia and the Clear and Present Danger of Second Amendment Fundamentalism

Bill Blum

A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed. —Second Amendment to the Constitution of the United States.


If Congress hasn't named a deadly disease after Scalia yet, they are dragging their feet.


This country was originally designed and intended to be a patchwork of States. The article States that the Second Amendment was a compromise which intended to leave the responsibility for regulating firearms to local police jurisdictions. So it seems to be a real stretch to go from there to the position that continuing, incremental erosion of these rights for everyone, nationwide. Furthermore, why is the writing of more and more Federal law termed "Progressive?" You know, it seems to me that firearms have not changed so much in the last 49 years, nor have people and our personalities, faults and goodness. What has changed which requires more and more law to be written? Remember the Whiskey Rebellion. Remember President Thomas Jefferson admonishing or exhorting us to not be overly harsh when dealing with rebellions and uprisings, which he knew would happen frown time to time. And, the Whiskey Rebellion as well as President Jefferson date back two centuries. Many more died in that old uprising than any of our recent incidents like San Bernardino.


If you've ever prayed for a path to solve the Gun Violence in the USA its about to be answered. I'm a historian.
Justice Scalia got it wrong. Its been stated that 2008 Heller versus Columbia had conducted the first in-depth study of the 2nd amendment. I can affirm, that they were most certainly digging in the wrong spot.
Their approach was wrong. Completely.
Both sides took the approach of basing the 2nd amendments 3rd and fourth clauses and not to the entire sentence.
Once read as a sentence then the prefatory clause and the objectively clause completely vanishes. There is a way to connect the front to the back seamlessly and once that is done , it transforms into an equation with four steps. It is really a right of the people to common sense, reality based, gun control.
The right of the people to keep and bear Arms, never existed. There are also a few unknown narratives behind this as well. One of them is that it was not James Madison that drafted this sentence, but it was Benjamin Franklin that crafted it. He did that by at least 1752, a year in which James Madison was only one year old..