The Mudcat Café TM
Thread #116335   Message #2498918
Posted By: artbrooks
20-Nov-08 - 07:37 PM
Thread Name: BS: Gun ban - yep already
Subject: RE: BS: Gun ban - yep already
Mick, as a student of history, this statement has me a bit confused: "The second option is to overturn the amendment using the process. That has been tried and failed miserably. It will continue to fail." When, exactly, was there an organized effort, which is to say when was a bill submitted in Congress to amend the Constitution to change or eliminate the 2nd Amendment that got past the appropriate committee and subjected to debate on the Floor?

Please understand, I have no interest in eliminating this right, but I think it still needs a great deal of clarification. US vs Miller (1939) and Parker vs DC (2008) are contradictory in many ways, and Parker did not overturn Miller. Both decisions are very narrow interpretations of specific statutes. By not stating that the Militia Clause is no longer valid, and that the rest of the Amendment stands on its own, the Supreme just left the door open for continued (and continuous) litigation. For example, it is quite easy to make an argument that the legal ban of ownership of automatic weapons is unconstitutional, since they certainly are much closer to meeting the description of having "some reasonable relationship to the preservation or efficiency of a well regulated militia"(Miller) than the sawed-off shotgun at issue in 1939.