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submitted 1 month ago by xc2215x@lemmy.world to c/news@lemmy.world
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[-] the_crotch@sh.itjust.works -1 points 1 month ago* (last edited 1 month ago)

I don't think there's any regulations on tanks except driving them on public roads. But, again, jthe amendment says "shall not be infringed". That should either be respected or changed. When you start adding "except" to the bill rights you're opening the floodgates to chisel away at all of them.

"Congress shall make no law establishing an establishment of religion" except Christianity because Jesus is Lord

"The right of the people peaceably to assemble" unless they're criticizing the ruling class

"no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" unless the cop has a really good hunch

Most of these could be sold as public safety, just like the "excepts" we've stapled onto the second amendment. We can't allow the government to treat the bill.of rights as a list of suggestions. If one of them is no longer relevant, follow the process and change it.

[-] queermunist@lemmy.ml 0 points 1 month ago

They've already been chiseling away at all of the Bill of Rights for decades, yet for some reason they don't touch guns. Why is that?

[-] the_crotch@sh.itjust.works -1 points 1 month ago* (last edited 1 month ago)

They have touched guns lmao where have you been? In my state you can't even buy .22lr ammo without a long gun permit. Full auto has been illegal without an FFL since the 30s. Clinton banned hundred of guns based on aesthetic features that didn't change anything about their functionality but looked scary. In his last term trump banned bump stocks nationwide via an executive order. Does that sound like "shall not be infringed" to you?

The question is why do so Americans accept their rights being watered down, and why do so many like you encourage this behavior? The constitution contains instructions on how to change the constitution. If you don't like the second amendment, change it. Stop finding weasely little workarounds that chisel away at our rights a little at a time.

[-] queermunist@lemmy.ml 0 points 1 month ago* (last edited 1 month ago)

You're right, I was exaggerating. There are some extremely loose, weak gun controls that mean every 11 year old isn't able to buy a machine gun. This is included in the amendment, the "well regulated militia" part, it's basically the only reason there are any gun control laws at all. Even so, the laws that do exist are very loose compared to any other English speaking country.

But why? The "well regulated militia" part could have been interpreted to say that you have to join a militia to own a gun, or that you have to pass rigorous tests and renew your license and undergo home inspections, or make gun auctions illegal so that every gun owner can be registered and tracked. That would all have been perfectly in-line with the 2nd Amendment.

We didn't do that. The question is, why?

[-] the_crotch@sh.itjust.works 0 points 1 month ago* (last edited 1 month ago)

We didn't do that. The question is, why?

Because that's not what the authors intended. Because words may change meaning over time but intent does not. Because in 1791 "well regulated" meant "well equipped", not "overseen by the government" and the federalist papers go into great detail backing that up.

We've covered this already. If you don't like the bill of rights, change it. Don't go looking for loopholes like a sovcit.

[-] queermunist@lemmy.ml 0 points 1 month ago* (last edited 1 month ago)

That's Scalia's interpretation, but that's not how it was always interpreted. Why do you think they were able to ban machine guns in the first place, and then have it upheld by the Courts for going-on 100 years? It was believed that a "well regulated militia" should refer to actual militias, not just "any random asshole that can afford a gun". That was the common interpretation for a century.

That's the trick - it can be interpreted however we want. It's all made up. It used to mean one thing, then it meant something else.

So, the question is, why did the interpretation change? Did Scalia just really love freedom? Or was there, maybe, another agenda?

[-] the_crotch@sh.itjust.works 0 points 1 month ago

That's Scalia's interpretation, but that's not how it was always interpreted.

That's also James Madison's interpretation, per Federalist Paper #46. The same James Madison who coauthored the constitution.

That's the trick - it can be interpreted however we want. It's all made up. It used to mean one thing, then it meant something else.

So youre essentially advocating for Orwell's newspeak, then.

this post was submitted on 27 Dec 2025
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