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View Diary: What gun control does the Second Amendment allow? (226 comments)

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  •  That line of argument (5+ / 0-)

    translates to "I'm wrong and I know it," but whatever.  If we take seriously the notion of the 2A as a check on tyranny (nevermind that the Constitution explicitly authorizes the creation of standing armies), then, as you note, the right to something like a .22 falls out from underneath.  it's not in the category of checks on the government.  And then originalists are confronted with the fact that, sure, there was a common law right and practice of self-defense using guns, but the leap from that to a constitutionally-enshrined right comes from the interpreter's mind, not from the evidence itself.  So, we wind up with a sleight of hand - using the right of self-defense against one perceived threat (centralized authority) to justify a right against another (bands of Vikings).

    Difficult, difficult, lemon difficult.

    by Loge on Tue Dec 18, 2012 at 11:08:44 AM PST

    [ Parent ]

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