Thursday, January 8, 2009

Constitutional Debate of the Day

Question: Does the Constitution prohibit gun control?

Content of the 2nd Amendment:

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.

Quick Argument #1 - YES - Gun control laws serve to encourage homicides rather than prevent them. The 10th Amendment bans federal gun control laws in addition to the 2nd. In case the government becomes tyrannical, we should have the right to bear arms. Applying gun control will still mean that guns are around, illegally or otherwise.

Quick Argument #2 - NO - The key phrase is "well regulated Militia." That doesn't refer to individuals, but rather a state military force. Individuals who arm themselves are a part of an armed rebellion that is against the 1st Amendment which calls for peaceful assemblies. It's law enforcement's job, not the citizen's, to protect.

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