Ben Wittes of TNR Online is calling for the repeal of the second amendment (sorry about the registration wall).
It’s time for gun-control supporters to come to grips with the fact that the amendment actually means something in contemporary society. For which reason, I hereby advance a modest proposal: Let’s repeal the damned thing.
At least this approach is an honest attempt to work within the bounds of the constitution, rather than just try to pretend certain parts of it that are disfavored aren’t there, but you can’t really repeal a right.Â The constitution does not explicitly grant rights, it recognizes them by forbidding the state from interfering with them.Â Repealing the second amendment would not end my right to self-defense, it would just eliminate the vehicle by which the constitution protects it; the right to bear arms.
But if the Parker decision is forcing advocate of gun control to take the position of “Let’s just repeal part of the Bill of Rights”, that’s a good thing for us, because that is a political non-starter with the public, and puts us on a much better footing than our opponents. Â Amending the constitution requires overwhelming political agreement on an issue, and on this issue, we’re not anywhere near that. Â The fact that this is part of the Bill of Rights, rather than something like the income tax, or prohibition, that was added later, will only add to the burden.