Is It Time To Amend The Amendment?
This Post is created by Dr. Shoeb Amin
The second amendment that is….
After the Parkland, Florida High School shooting there was a sense that this time it was different; that something big will emerge from this tragedy to control gun violence in this country; laws passed for background checks before ALL gun sales at ALL venues, registration and licensing of all guns, a ban on assault weapons, even a more controversial law holding gun manufacturers liable for civil action by victims of gun violence. NOTHING of that sort happened at the federal level (some states may have enacted new legislations)and many more mass murders have occurred since, including the recent one in Boulder, CO. And even though these mass murders get media coverage they account for a very small percentage of deaths due to gun violence; many more die in one’s and two’s from suicide, accidental deaths and homicides.
The NRA gets the blame – deservedly so – for lack of gun control legislation but really the bigger obstacle is the Second Amendment to the Constitution, which gun lovers and the NRA use to their advantage. It is hard to argue against a constitutionally given right; your patriotism itself is questioned if you speak in favor of gun control. So with the NRA in bankruptcy – and possible dissolution if the New York AG’s lawsuit succeeds – energy is better focused towards the Second Amendment. So what exactly does the Amendment say? More importantly let’s look at what its predecessor, the Virginia Bill of Rights said.
Section 17 of the Bill of Rights of Virginia said: That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defence(sic) of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.
It clearly says only a well regulated militia, IN THE ABSENCE OF AN ARMY should bear arms, that those bearing arms be well trained and those folks be subordinate to the government. Madison and the framers changed it to this as the Second Amendment of our constitution:
“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
The critical word is “people”, which constitutional scholars and gun rights activists use to mean ANYBODY, with no training and no oversight- even though we now have a standing army that can very adequately take care of the security of the State.
So is it possible to amend the Amendment? YES. After all the Constitution has needed 27 amendments so far; six more have been proposed but have failed to be ratified. And more importantly the 18th Amendments – for prohibition – was rescinded by the 21st amendment. So yes it is possible to amend an Amendment. But it has to be ratified by the House, the Senate and 75% of state legislatures and that’s not easy. The Equal Rights Amendment got everything except 3 states out of the 38 needed. It was derailed by one driven person. So a similar driven person/s and a lot of financial backing may be able to get it done. But what exactly would be the possible amendments to the Amendment?? Here are a few suggested by James Hefferman on Huffpost: (changes in upper case)
INSOFAR AS a well regulated militia IS necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” (Word “being” is removed)
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms IN SUCH A MILITIA shall not be infringed.”
“A well regulated militia being necessary to the security of a free state the right of the people to keep and bear arms shall not be infringed EXCEPT TO ENSURE PUBLIC SAFETY.” (This is Hefferman’s change of choice)
My suggestion: IN THE ABSENCE OF AN ARMY, a well regulated militia being necessary for the security of the state the right of rhe people to bear arms shall not be infringed.
In all these “amendments” the current wording is not changed; just caveats are added that makes gun ownership by the people conditional on different conditions – conditions that don’t exist 200+ years after the Second Amendment was written.. This is not to take all guns away from people but to make it easier to pass simple and sensible gun control legislations because now lawmakers cannot use the Constitution as a cover for bowing to the NRA and suppressing or killing such legislation. And the courts would have a harder time overturning such legislation that have become law.
I understand this seems like a looney and wild idea but nothing commonsensical has worked so far. As long as the Second Amendment stays the way it is we’ll keep hearing about such carnages every so often. Not to mention the daily toll gun violence takes that you only see and hear about in annual statistics.
Shoeb Amin