this post was submitted on 28 Nov 2023
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You are right that the right to keep and bear arms is a legal right outlined by our constitution. However, just because the constitution says it is a right doesn't make it so. Legal rights are based upon social conventions. If a society agrees that carrying guns in schools is unacceptable, then the constitution(some document wrote 200 years ago) won't change that.
Another example is the 4th amendment. We, as a society, have apparently decided that the government logging,recording, and surveilling our texts and calls is acceptable. Even though the practice is clearly against the intention of the 4th amendment.
TLDR: Legal rights are only rights when a society(or government) agrees to continually enforce them.
That’s not even correct (it being a right):
The right of the people is a dependent clause on the whole “well regulated militia” part.
The idea that everyone can just have whatever guns they want is a farce, but don’t listen to me take it from the Burg Man:
source
Further reading - How the NRA Rewrote the Second Amendment
Interesting that 2008 was the first time the supreme court ruled that individuals have a right to a gun for self protection. The article argues that historically the right to keep bear arms was only applicable to those who were called to military service. That seems plausible to me though I can see how it could be interpreted either way as far as whether it only applies in the context of a militia.
I also find it fascinating that one of the most prominent examples of gun control was targeting what could arguably be called a citizens militia. California passed the Mulford act, that banned loaded weapons in public without a permit. The bill was crafted with the goal of disarming members of the Black Panther's (aka Black Panther Party for Self-Defense) who were conducting armed patrols of Oakland neighborhoods according to wikipedia.
Tbh I think that the intention was pretty clear, especially given the time in which it was written. Fledgling colonies building their own government weren't worried about their government turning to tyranny, they were worried about what they perceived as the tyrannical government in their time, the Brits. Basically, stay ready soldiers, those tea-drinking queen-loving bastards might come for us any time now.
As for the Panthers, this is also wholly unsurprising. Pretty obviously racist, and obviously a selective interpretation of 2a. Like pretty much any modern interpretation of 2a (see also, the 2008 ruling you cite.) Like, why can't I own a rocket launcher or some grenades or maybe a low-yield nuclear warhead? Can I not arm myself against a tyrannical government? Many of those would be as foreign an idea to the framers as would be many of the totally legal guns you can buy today.
Well actually the Supreme Court had the final say on that already. It doesn't matter what society says, when the gun owners say "no, I'm keeping the guns" and the Supreme Court backs them up then society is shit out of luck on that. All of our military swears an oath to uphold the Constitution, so you're not going to get those guys to take those rights from Americans.
I just wish we had as solid protections on those 4th Amendment rights too. Those are too easy to violate without repercussion. "Persons, papers, and effects" should definitely apply to digital communications in the 21st century.
Definitely agree, especially that our 4th amendment rights should be stronger. On paper should be little difference between the 2nd and 4th amendments when applied. But because the 2nd amendment has vastly more organized support than the 4th amendment, it is defended while the fourth is forgotten.
It clearly does, since non state-sanctioned people aren't carrying guns in schools and in governmental buildings for the most part. However, there is a difference between what the state says and what society says is acceptable. Usually society just decides to blindly follow what the state decides as if it is infallible. But as you touched on with your gun example people can decide to ignore the state's rules if they decide its in their interests.
Umm, I think that's a little far reaching. Remember when the Japanese were put in concentration(internment) camps? Or when Lincoln suspended habeas corpus? People tend to follow authority and if those in authority ignore the constitution so will everyone else. A relevant example is Nazi Germany.
Well the Joint Chiefs of the military stood up against President Trump 2 times to support the Rights of Americans during the 2020 bullshit, so you are wrong about the military.
The military defied the president to stand in support of Americans' 1st Amendment rights twice by stating support for BLM protests, and stating support for voting rights in confirming that Biden won the 2020 election.
We have seen this in action already to have historical precedent on the military supporting the Constitutional rights of Americans against domestic enemies (Trump).
Sure, the military might sometimes defend the constitution over following orders from a president but it is certainly not guaranteed. In my previous comment, I already listed 2 examples of the military breaching the constitution. They did so at the direction of the the President. So even though they do swear to uphold the constitution, in some cases they will break that oath to follow orders from the president. But that is in general, in the specific case of gun rights I don't see the military taking those rights away anytime soon.