[Ref]
Okay, so I had an email from one Richard Meyer which got me giving some further thought to the issue of the second amendment. First off, it needs to be said that Richard's an Aussie (commiserations on the Italy game incidentally, that was never a penalty) and I'm a Brit, so the constitution doesn't affect either of us directly. The thing is that I happen to think that the US Constitution is one of the most profound statements of democracy there is and as such it behoves those of us who are committed to democracy, freedom and liberty to take an interest in it.
Now, I accept that perhaps I wasn't quite as clear as I should have been in my earlier post. It cannot be stated categorically what the 1791 authors of the Bill of Rights had in mind in terms of the militia they refer to, but it could well have been all men of fighting age. The thing is that this is a very different world to that of 1791, and the statement that a militia is necessary for a free society doesn't hold water anymore. Once you remove the reason for the right to bear arms, the supposed right is also removed. The interesting thing is that the wording of the amendment suggests that the right to bear arms was a presupposed right, rather than one being conferred by the bill.
In the twenty-first century perhaps it's time, in the words of President Bartlett, to "agree it's a stupid-ass amendment that was written before there were street lamps, much less police forces, and move on". The thing is that the need for a regulated militia composed of the general public is obviated by the existence of police forces, local, state and federal. The need of a civilised and free society was not for a militia itself, but for the enforcement of law and order.
So, perhaps it's time for a new, 28th, amendment that doesn't ban gay marriage, but revokes the second.
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