Repeal Second Amendment, Analyst Advises

Big Don

New member
Well, at least this guy is honest enough to come right out with his idea and not try to "frog boil" it as so many anti's do. And, he also admits what we all know to be true: "The Second Amendment guarantees the right of an individual to own guns..."

Repeal Second Amendment, Analyst Advises
By Nathan Burchfiel
CNSNews.com Staff Writer
June 12, 2007

(CNSNews.com) - The Second Amendment guarantees the right of an individual to own guns and for that reason should be repealed, according to a legal affairs analyst who opposes gun ownership.

"The Second Amendment is one of the clearest statements of right in the Constitution," Benjamin Wittes, a guest scholar at the center-left Brookings Institution, acknowledged in a discussion Monday. "We've had decades of sort of intellectual gymnastics to try to make those words not mean what they say."

Wittes, who said he has "no particular enthusiasm for the idea of a gun culture," said that rather than try to limit gun ownership through regulation that potentially violates the Second Amendment, opponents of gun ownership should set their sights on repealing the amendment altogether.

"Rather than debating the meaning of the Second Amendment, I think the appropriate debate is whether we want a Second Amendment," Wittes said. He conceded, however, that the political likelihood of getting the amendment repealed is "pretty limited."

Wittes said the Second Amendment guarantee of the right to bear arms meant more when it was crafted more than 200 years ago than it does today. Modern society is "much more ambivalent than they [the founders] were about whether gun ownership really is fundamental to liberty," he said.

"One of the things that they believed was that the right of states to organize militias, and therefore individuals to be armed, was necessary to protect the liberty of those states against the federal government," Wittes said. "This is something we don't really believe as a society anymore."

But challenging the Second Amendment on the basis that society's circumstances have changed since the drafting would similarly open up to question all other constitutional rights, according to Georgetown University law professor Randy Barnett, who also participated in Monday's discussion.

"The techniques that are used to show that the Second Amendment really doesn't have any contemporary relevance are absolutely available to anybody who wants to show that aspects of the First Amendment and the Fourth Amendment and the Fifth Amendment have no contemporary relevance," he said.

Citing the Fourth Amendment, which protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," Barnett argued, "Sure it was fine that persons should be secure in their papers and effects back in the old days when there wasn't a danger of terrorism and mass murder."

But advocates of warrantless searches could make an "appeal to changing circumstances," on the basis that the Fourth Amendment is "archaic [and] we don't need it anymore," he added.

Barnett recommended that gun control advocates "not favor methods of interpretation [to criticize the legitimacy of the Second Amendment] that you wouldn't want to put in the hands of political opponents."
 
Okay, let's repeal it. But we'll put in the new amendment, that all law-abiding US citizens shall have the right to keep and bear any and all arms without question from any government entity.
 
He conceded, however, that the political likelihood of getting the amendment repealed is "pretty limited."


"Pretty limited"? Just like my chances of winning the Powerball are "pretty limited".
 
"Pretty limited"? Just like my chances of winning the Powerball are "pretty limited".
oh it could happen! :eek:

but none of us are likely to turn them in :D

well shucks, agent friendly, all mah guns are on the bottom of lake michigan. oh yessir, tragic boating accident.
 
1,2,4 & 5 are the amendments under assault by our so-called leaders. Just look at the shenanigans these people try to pull. It is not just the 2nd.
 
Nathan Burchfiel just lost a lot of his credibility :rolleyes:

Next up, Nathan Burchfiel - "We should just stop using petrolum based products"
 
Neocon “Scholars” Call for Dismembering Bill of Rights

http://kurtnimmo.com/?p=893

Neocon “Scholars” Call for Dismembering Bill of Rights
Tuesday June 12th 2007, 1:31 pm

Imagine my surprise. A “guest scholar at the center-left Brookings Institution,” Benjamin Wittes, wants to gut the Second Amendment. Wittes told CNSNews “that rather than try to limit gun ownership through regulation that potentially violates the Second Amendment, opponents of gun ownership should set their sights on repealing the amendment altogether.”

Georgetown University law professor Randy Barnett, however, did not limit his comments to the Second Amendment, suggesting instead that much of the Bill of Rights has “no contemporary relevance.” As an example, Barnett cited the Fourth Amendment. “Sure it was fine that persons should be secure in their papers and effects back in the old days when there wasn’t a danger of terrorism and mass murder.” According to the professor, the Fourth Amendment is “archaic [and] we don’t need it anymore.”

Of course, this sort of authoritarian nonsense should be expected, as we have allowed the government to be hijacked by a gaggle of neocons and their neoliberal kissing cousins who favor the sort of government operating in China to a constitutionally limited republic of the sort we had until 1791 when the Federalist Alexander Hamilton set-up the first central bank in America modeled after the Bank of England. In essence, the Constitution and the Bill of Rights have languished ever since and the neocons are now simply doing away with all pretense, not that most Americans will notice—so long as they remain “free” to shop, consume, and watch American Idol.

Incidentally, it is amusing CNSNews characterizes the Brookings Institution as “center-left,” a designation deemed to give the impression the place is crawling with Democrats and fence-sitting “progressives.” Never mind such labels are worthless, as the transnational plutocrats and globalists in control of the horizontal and vertical consider such appellations of little use beyond hypnotizing the commoners.

In fact, Brookings is strictly a neocon “think tank,” connected at the hip with the American Enterprise Institute (where Bush gets his “minds,” that is to say psychopaths) and the Wharton Business School, allegedly fronted by the Tavistock Institute. In addition, Brookings hosts the Saban Center for Middle East Policy, founded by Haim Saban, the billionaire former Israeli who proudly declares: “I’m a one-issue guy and my issue is Israel.” Saban is a Democrat—thus demonstrating you can’t tell the difference between Democrats and Republicans without a scorecard.

Finally, it should come as no surprise neocons and neolibs want to do away with the Constitution and the Bill of Rights, even though these founding documents are now little more than a historical facade, as the founding concepts enshrined in the documents were dismantled and floated down the river by bankers and the financial elite more than two centuries ago. Neocons have no use for the First, Second, Fourth or any other number of amendments, as they subscribe to the Führerprinzip, that is to say the leadership or Führer principle based on the Auctoritas of ancient Rome, as spelled out by Carl Schmitt, the Nazi jurist who elevated the concept of a dictatorial Reichspräsident, a concept embraced by neocons far and wide.

Thus it makes perfect sense the boy wonder of the neocons, Bill Kristol, would declare: “Maybe we should have Supreme Leader Bush. I kind of like the sound of that.”
 
I was actually shocked by your portrayal of Prof. Randy Barnett, as some kind of neo-con gun grabber. As a long time reader of The Volokh Conspiriacy, I know Randy. He is not some neo-con who wants to shred our Constitution.

So I looked at the included link.

The writer of the article, has helped to confuse you! SteelCore, you left out a portion of the column, which goes to show you have misread what was (poorly) written. Here, let me help you put it back into context:
But challenging the Second Amendment on the basis that society's circumstances have changed since the drafting would similarly open up to question all other constitutional rights, according to Georgetown University law professor Randy Barnett, who also participated in Monday's discussion.

"The techniques that are used to show that the Second Amendment really doesn't have any contemporary relevance are absolutely available to anybody who wants to show that aspects of the First Amendment and the Fourth Amendment and the Fifth Amendment have no contemporary relevance," he said.

Citing the Fourth Amendment, which protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," Barnett argued, "Sure it was fine that persons should be secure in their papers and effects back in the old days when there wasn't a danger of terrorism and mass murder."

But advocates of warrantless searches could make an "appeal to changing circumstances," on the basis that the Fourth Amendment is "archaic [and] we don't need it anymore," he added.

Barnett recommended that gun control advocates "not favor methods of interpretation [to criticize the legitimacy of the Second Amendment] that you wouldn't want to put in the hands of political opponents."
Now that we have the context back, it is easy to see that Prof Barnett was defending the Second and the rest of the Bill of Rights!

He wasn't advocating for Wittes, he was demonstrating that the same technique that Wittes used to cite the irrelevence of the Second, could also be used to gut the rest of the BOR.

But apparently, you weren't alone in your misreading of what Prof. Barnett said. So have some others! Shall we let Randy speak for himself?
Randy Barnett said:
CNS Messes Me Up: I have had great luck with the press, having never been burned by a reporter using an embarrassing quote that I did or did not say. But this Cybercast News Service story on the Right to Arms panel at the Brookings Institution on Monday really led some people astray. At Brookings, I made the point that those who favor gun control should not use methods of interpretation to negate its meaning that their political opponents can just as easily use against the rights that they support. The two such moves are to appeal to the "underlying" principle or purpose of a provision to limit its scope. The second is to argue that changing circumstances justifies ignoring a part of a written constitution. Speaking after me, Ben Wittes took the honorable position that we should adhere to what a written constitution says and the the Second Amendment clearly DOES protect an individual right. For this reason, he would prefer it be repealed.

Wittes' opinion gained the headline in CNS: Repeal Second Amendment, Analyst Advises. The problem was they then followed with my point making it appear as though I was responding to his proposed repeal by proposing that other constitutional rights should also be repealed! Now the CNS column does not actually put those words in my mouth, but the story is very confusingly written and one blogger unsurprisingly read it this way:
One can read the rest at the link (just before this qoute) above.

In short, the author of the article is a hack who simply can't put together two disparate thoughts!

ETA: Drat! I replied to SteelCore's thread before I had seen Big Don's thread. Same subject, only Don was first. Threads merged.
 
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In short, the author of the article is a hack who simply can't put together two disparate thoughts!

Not really. He's just a liar. But you need to remember, any lie is a good lie if it helps to promote one's agenda.
 
Al, many thanks for the correct information! I'm hoping Randy's full comments will get passed around as quickly and widely as the CNS article. Brian Wilson, a conservative talk-show host, picked up the CNS article too and forwarded to a number of his contacts, including me. I have given him the URL to our thread and your additions so he can get "the rest of the story" out as a follow-up to the CNS article.
Don
 
Antipitas, thanks for clearing up the confusion regarding Prof. Barnett's true position (and for merging these threads -- I didn't see Big Don's, sorry). He was obviously misrepresented by the writer of the CNS article. I'm not sure it was intentional as buzz_knox suggests, but there was at least some negligence there.

The frightening thing, though, is that there is no shortage of people who do think that way. This Wittes character...well, I can only hope that he was misrepresented, too.
 
Don and SteelCore, you guys are welcome.

The conference was an event to highlight different themes on the Second Amendment. Wittes is who he is: An anti-gun proponent. Randy was invited to the panel as an advocate for the 2A.
 
There were those who wished the Bill of Rights would have gone away almost as soon as they were passed, along with much of the Constitution. So this is nothing new, really.
 
If the Second Amendment was repealed, then what? Force everyone to turn in there guns?

Last time the Federal government tried to take what the people thought of as their rightfully owned property, the government did succeed, but only after the bloodiest of civil wars.
 
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