The Second Amendment’s idiosyncratic and anachronistic focus on militias and “arms” degrades the concept of self-defense. The right to safeguard one’s life should not be conflated with or reduced to the right to use a weapon, especially a weapon that is so much more likely to inflict injury and death than to avoid it. Far better would be an amendment that guarantees a meaningful right to bodily autonomy and obligates the government to implement reasonable measures to protect public health and safety:
All people have the right to bodily autonomy consistent with the right of other people to the same, including the right to defend themselves against unlawful force and the right of self-determination in reproductive matters. The government shall take reasonable measures to protect the health and safety of the public as a whole.
Mary Anne Franks
REDO THE FIRST TWO AMENDMENTS
[This law professor simply has no concept of governments being the greatest threat and the primary reason for the 2nd Amendment as written.
Collectivists must collectivize.
The answer is, “No. Your move Ms. Franks.”—Joe]
I suspect that, in some sense, she means well… but I get the impression that she sees everything through the narrow lens of reproductive rights.
Her argument, as it stands, works equally well as a demand to rewrite the First Amendment. It could similarly be used for the Third, Fourth, and probably others.
As you said, in her shifting the focus from what the government must not do to what the government is obligated to do for our own good, she loses sight of the point. A government that can forbid you to defend yourself can also trample your reproductive rights, along with all your other rights. Dead people have very few rights indeed.
In another view, dead people have many rights, as there is very little that can be done to them. No reportage, no taxation, they cannot be drafted, subpoenaed, compelled to testify beyond what an autopsy can reveal, or imprisoned. They are, in addition, perfectly equal.
My fundamental objection to her formulation is that her proposed amendment incorporates the power to legislate for the general welfare of the population, a power formerly held only by the states and not delegated to the Federal government. The Preamble is not considered to be part of the delegated powers of the Feds. If her proposed amendment were enacted, this would change.
And the bitch completely missed the fact that amendments are NOT enumerating rights. They’re prohibiting government from finding way of violating rights.
Her desire to establish rights through wordy essays would be a disaster. And the fact that she cannot see that bespeaks much of her profession.
That and her desire to codify as a right, the act of murdering one’s offspring.
She also forgets that the entire purpose of government is to violate one’s bodily autonomy.
Thats why it was written the way it was. And that it was always an exercise in controlling the beast.
And once again we’ve let down our guard. The beast has slipped its chain. And Ms. Frank is about to get a lesson in what our fathers were talking about citizens needing arms and the ability to freely organize in para-military groups to protect home, family, and community.
The 2A was brilliant. As was all of the constitution. Were the one’s not taking our rights seriously. The government always has. As they never stop trying to kill them.
The piece of paper protected the Weaver’s, didn’t it?
Weaver was a prime example of why just wanting to be left alone doesn’t work.
But if Weaver would have been part of a local protection militia. The feds would have gotten their ass handed to them.
To me, the 2A doesn’t protect us from the government. And shouldn’t. That our job. Always has been. Our forefathers understood this.
Were the ones who dropped the ball here. We got lazy on watch duty.
That’s actually not a bad amendment. It’s just not a good replacement for the 2A.
I think we need a medical privacy & freedom amendment. Along with a medical dis-establishment (I.e. separation of medicine and state) amendment.
And a separation of education & state amendment.
Sorry, I disagree – with that last sentence in particular.
The whole “regulate trade between states” thing has been a disaster, but can you imagine how much worse things would get if the government had “The government shall take reasonable measures to protect the health and safety of the public as a whole” to fall back on when it wanted to excuse some reprehensible and otherwise unconstitutional behaviour?
I could get behind that, as well.
That’s exactly right. The last sentence destroys any hope that an individual might have any rights under this proposed amendment. “The government shall take reasonable measures to protect the health and safety of the public as a whole.” This is the exception, as they say, which swallows the rule. Anything can be done to an individual so long as it is for the health and safety of the public as a whole. Like cutting a gangrenous toe off to save the body.
The pop / rock group Extreme had a hit over a decade ago titled “Get the funk out”. That sums up precisely what I believe about her ilk and fellow travelers. The US is the last, and alas failing, refuge of liberty and personal responsibility on the planet. Everyone who wants Big Brother to buy their lunch, wipe their noses and fix everything can get the funk out! The exit is right there! Move to one of their cradle to grave utopias like Cuba or Venezuela, North Korea or China. Stop trying to fundamentally transform the US into a despotic socialist $hit hole. If you don’t adhere to the Constitution, get out! Merry Christmas and a worthy Blot winter solstice to all my pagan and Christian brothers and sisters in arms out there
Liberia was set-up originally as a place to repatriate blacks. (Not many takers.)
But it sounds like a fine place for those who refuse understand the constitution and why it was written the way it was.
Get the funk out, and we got just the place for you.
Merry Christmas to you also! Like Jesus told us, if you have to sale your clothes and be cold to buy a gun. Do that and be armed.
Self-defense, and the right to bear arms was granted from God!
It’s funny that her namesake was hauled off to a camp after someone *finked* now she wants to restrict the amendment that prevents the same thing from happening hete.
This waste of skin should be slapped and sterilized so she doesn’t pass along her defective genes.