In recognition of the courage of our nation’s youth will be showing when they march in Washington and across the country on Saturday to demand politicians do the right thing about gun ownership, I make the following SERIOUS proposal.
That our nation repeal the Second Amendment.
No, that is not a joke. The Second Amendment is anachronistic. It belongs to the late 18th century America when we were a different country from what we are today.
The Second Amendment was included in the Bill of Rights for one unequivocal purpose – to assist in maintaining state militias.
Today all state militias have been replaced by the National Guard, making the Second Amendment irrelevant to modern day America.
We don’t need it for any reason, including protecting the right of private gun ownership.
In modern America guns are property and, thus, gun ownership is a matter of property rights. The literal meaning of property rights is the right to accumulate private property that is secured by laws enforced by the state.
Since guns are property, it is time to grow up as a nation and treat ownership of all guns the way it should be, as a property right instead of a constitutional right.
Private property rights will protect gun ownership every bit as much as the current amendment, but will free us from the insane debate about the Second Amendment.
In point of fact, when considered honestly, no one would lose anything if the Second Amendment were repealed. There simply is no reason to oppose doing so.
Repealing the Second Amendment would also allow states to regulate gun ownership without being threatened by an NRA lawsuit based on the Second Amendment.
This proposal is not unprecedented in our history. In 1933 the 21st Amendment repealed the 18th Amendment passed in 1918 that prohibited the production, transportation, and sale of alcohol.
Repealing any amendment is the right of the people who ultimate control the government. It’s time to repeal the Second Amendment.
Of course, most of you who read this will say that it can never happen, but that is what people thought when the 18th Amendment was passed. It is also what they thought when the 21st Amendment was ratified.
In fact, it is what our founders faced when they proposed the current Constitution to replace the Articles of Confederation.
The maintenance of states rights was so central to life in the Colonies that they thought of themselves as independent countries. Jefferson often referred to Virginia as his country.
It was no surprise, then, that once they had won independence from England the first form of government the founders established through the Articles of Confederation gave the states virtually all the power.
It proved unworkable, which is why the founders wrote the Constitution, but opposition to it was fierce and strong.
That is why Hamilton, Madison, and Jay wrote the Federalist Papers, and in those papers the “states rights” nature of the the opposition to ratification they faced is obvious. In fact, the odds were against the Constitution being ratified at all, but, as we all know, it was.
A movement to repeal the Second Amendment would face a similar level of opposition and odds, but it, too, is doable, not least because there is no credible argument against it since its repeal would not eliminate private gun ownership.
Nothing would be lost and much would be gained in doing it.
I think it is time our nation came into the 21st century in regard to the issue of gun ownership. We face a different challenge than did our founders.
They believed private gun ownership would protect was their security. The reverse is true today. Unregulated private gun ownership now threatens people’s security.
Repealing it would mean that gun laws as a matter of property rights could be discussed without all the NRA propaganda about the Second Amendment that gets in the way of the nation finding some common ground.
This would be the adult thing to do, which is all the nation’s kids are asking of us. It is time to live up to their modest expectations.
So what do you think?
linnposts.com 
Jan,
This makes perfect sense, which means it will NOT happen as long as we live in the nonsensical world of Trump, LaPierre, Goodlatte, Falwell — and among millions of sadly ill-informed, undereducated citizens who have no grasp of the “what,” “when” or “why” of the 2nd Amendment as you just explained!
As always, Jan, you are making perfect sense. All that remains is for us at the grass roots levels in the various states to introduce the idea, begin lobbying for a repeal, find the political process that will move it into the limelight and be willing to cause legislators who are in power to be embarrassed in public venues. It may, in the manner of women’s sufferage/rights, take a while. Or it might, in the speed of public acceptance of GLBTQ rights, happen quickly. Let’s anticipate and hope for the latter.
Jan,
Because I have been so wrong in my predictions of two elections, I hesitate to say that your innovative idea/proposal will never come to pass. (‘ve finally gotten too old to make such absolute statements. The main problem is see for your creative proposal is that the first response of all NRA-minded people will be, “See, we told you they’d come for our guns.” That emotional wall will be higher and more formidable than any the present WH occupant can imagine.
Meanwhile, the logic behind your proposal could well produce, over time, an impetus that would bear fruit.
Thanks for your enlightened post. Wally would have loved this one.
Cheerz!
Gene
Will a rational discussion rise up or an emotional, unreasoned discussion erupt. I hope you are prepared for the 2A supporters comments; they can be irrational. Good post, Jan.
I’m with you. Lou
I can only hope that LINNPOSTS.COM is sent to members of the U. S. Congress…ALL of them. You lay out the real issues of the day so persuasively, Jan … have you ever thought of running for Congress ? On the other hand, I wouldn’t wish that zoo of humanity on you. Sharing your thoughts is a continual conversational gift. Thanks 🙂 ~ Laura
Well put, Laura. My great friend Jan is too wise, too honest, and too caring of others to function well in that body as it exists today!!
Bill Blackwell
Laura, as has been said by others, if nominated, I would not run, if elected, I would not serve.
Have you not considered the civil war that will erupt?
Jan, This is some other “Bill,” as I’m sure you would know! Bill Blackwell
Jan, it seems a long shot but good to start the conversation. Incidentally your blog was written shortly before John Psul Steven’s op ed. Do you think he’s reading your blog?
Not hardly.