Thursday, January 17, 2013
The Masses Are Revolting
[The Second Amendment] should be subject to the same balancing test that has been successfully used in reconciling conflicting interests with respect to other amendments. Most of the focus of Second Amendment debate relates to the wisdom of using firearms as a means of crime control. It may be that a court pondering a gun control measure and considering the Framers' intent will conclude that given the de minimis combat capability of armed civilians, the aim of resisting government tyranny is outweighed by society's interest in resisting the tyranny imposed by the criminal element of the armed citizenry. This methodology, while clearly displeasing to Second Amendment absolutists, will also not satisfy gun control advocates because the approach requires case-by-case analyses of each gun control measure.
I might be biased by the fact that his conclusion mirrors mine, as well as his points about the insurrectionist reading of the 2nd, the apples/oranges comparison between our citizenry and guerrillas elsewhere, how non-violent action would be more effective than armed resistance against tyranny at home...
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Perfectly acceptable biases, I assure you!
Posted by: Dr. Woody | Jan 17, 2013 3:48:17 PM