Retired Justice calls for repeal of 2nd amendment

Retired Justice calls for repeal of 2nd amendment

As a former Supreme Court justice calls for a repeal of the Second Amendment, Denver7 is looking at the gun regulation debate and the Constitution.

Mr. Stevens rejected the argument in the majority opinion that the word "people" used in the Second Amendment is the same word used elsewhere in the Bill of Rights, such as the First and Fourth Amendments, and should be given a similarly broad interpretation. Hogg shared a tweet from fellow Stoneman Douglas student Matt Deitsch, which echoes the essence of what Stevens was getting at in regards to the phrase "well-regulated militia".

He also embraced legislation that would ban semiautomatic weapons, increase the minimum age for buying a gun from 18 to 21 years old, and establish a "more comprehensive" background check system on all purchases of firearms.

Supreme Court precedents friendly to gun-rights notwithstanding, federal courts have sanctioned a bevy of gun control laws in recent years.

"The Second Amendment is not a barrier to enacting good gun laws", he wrote.

This treatment of the subject is far, far away from the standard conservative treatment of the Second Amendment as the most fundamental right of them all, extending not just to the sawed-off shotguns Congress was regulating in 1939 to all sorts of military and quasi-military weapons.

Stevens pointed to District of Columbia v. Heller, the 2008 landmark case that protected an individual's right to possess a firearm unconnected to a militia, as a turning point.

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"That decision - which I remain convinced was wrong and certainly was debatable - has provided the [National Rifle Association] with a propaganda weapon of enormous power", Stevens wrote.

Trump said the piece highlights the necessity of electing GOP senators, to ensure the quick confirmation of Republican Supreme Court appointees.

Stevens made the potentially inflammatory call to repeal the amendment, which describes "the right of the people to keep and bear arms", in a New York Times editorial. The amendment then has to be approved by three quarters of the states. It's about banning all guns. The framers of the Bill of Rights never meant to protect a personal right to keep and bear arms outside the militia context. A spokesman for the Brady Campaign reaffirmed that, "the Supreme Court was in agreement that the Second Amendment allows for the common-sense gun reforms that the Brady Campaign and most Americans support". Under the most common way to amend the Constitution, the House and Senate would both need to approve the proposal by two-thirds majorities.

"Statements like this epitomize out-of-touch liberals who do not appreciate the important role the Second Amendment has played - and continues to play - in our nation", Graham added.

Repeal would require a new amendment.

At least one of the Parkland, Fla., students, Cameron Kasky, reacted to Stevens' op-ed arguing it was "very interesting considering who wrote it", but "I don't feel the same way".

Trump's tweet does expose one problem with calls to repeal the Second Amendment: They may give ammo to opponents of gun control.

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