Wednesday, June 22, 2022

Originalism

When James Madison was cobbling together the Bill of Rights, he opposed including the Second Amendment. But Southern white leaders insisted on including it. They wanted to insure the right to form local militias (to put down slave revolts). 

There is nothing in the amendment about owning guns for self defense or owning guns to overthrow the government. The amendment is about militias.

Originalists on the Supreme Court ought to be deciding gun issues with one thing in mind. Does the issue help or hurt the quick formation of militias (like the national guard)? That was the original intent.

I served in the army and not a militia, but my brother served in the California national guard. We were issued rifles, of course, but for some reason we were not allowed to bear our rifles off the base and into restaurants, bars or movie theaters. Because that would have been insane. 

The root problem with originalism is that our Constitution was written by a collection of unbathed, long-dead, white male racists. The claim that American women and people of color are bound to the end of time by a document written by 50 stinking bigots is, in my opinion, unreasonable. 

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