Former Supreme Court Justice John Paul Stevens wrote an editorial for the New York Times, claiming that the Second Amendment is outdated and should be repealed. Granted, he’s 97, so I’m going to cut him some slack on his legal acuity. But Glenn Reynolds of the Instapundit blog (himself a law professor) points out just a few of the many problems with that:
It’s nearly impossible to repeal any Constitutional amendment, much less the Second right in the Bill of Rights. Repeal requires broad-based, national majority support. Despite relentless propaganda to the contrary, Second Amendment defenders actually have more support than their opponents do.
If you argue that the Second Amendment must be repealed before you can pass sweeping gun control laws, then you’re tacitly admitting that such laws would be unconstitutional.
The Bill of Rights enumerates natural rights endowed to us by our Creator, not granted to us by government. Politicians can try editing the list, but that would not revoke a God-given right.
Finally, Prof. Reynolds predicts that “nothing would be better for the GOP in 2018 and 2020 races than for the Dems to make this an issue.”
Considering that Stevens was appointed to the SCOTUS by Gerald Ford as a moderate, then drifted leftward until he was considered the most liberal Justice on the Court, ruling with the left on abortion, gay rights, obscenity, gun control and a host of other issues, there’s only one thing surprising about his op-ed: If Reynolds is correct in his prediction, it took Stevens over 40 years, but he’s finally written an opinion that would be good news for conservatives.
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