71
votes
What is the argument for preventing tyranny that avoids gun violence?
First things first… The original intention of the second amendment was to preserve the capacity of the individual states to easily muster militias. It was thought that a balance of power between ...
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53
votes
When was the Second Amendment last used to fight against the US government to protect people's freedom?
This has happened as recently as 2014 in Bunkerville, Clark County, Nevada.
https://en.wikipedia.org/wiki/Bundy_standoff
The 2014 Bundy standoff was an armed confrontation between supporters of ...
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51
votes
When was the Second Amendment last used to fight against the US government to protect people's freedom?
It hasn't happened.
The Second Amendment is a doomsday provision. It exists to protect the American people from government tyranny and oppression.
The U.S. government has not exercised its power ...
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51
votes
What percentage of mass shootings in the USA are actually stopped by ordinary gun-bearing Americans?
From the details in the The Violence Project database. The following can be seen.
In six incidents, armed civilians were present at the location. (Armed
Police were present in 19 Incidents) out of ...
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45
votes
Accepted
Could the second amendment be, well, amended?
Yes, the constitution can be amended. In fact the second amendment is just that: an amendment. You can continue to add new amendments, even on existing amendments.
This has actually already happened....
44
votes
When was the Second Amendment last used to fight against the US government to protect people's freedom?
The most recent event I can identify is the Battle of Athens. It was a direct confrontation with the corruption of the local government and efforts to rig the election to ensure the continuity of ...
- 10.2k
44
votes
What percentage of mass shootings in the USA are actually stopped by ordinary gun-bearing Americans?
Unfortunately, statistics based on actual events are not able to answer this question.
A working hypothesis is that a higher rate of gun ownership among targets will discourage potential shooters from ...
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39
votes
Does the Democratic Party officially support repealing the Second Amendment?
Repeal of the 2nd Amendment was not part of the Democratic party platform
See the party platform section on "Ending the Epidemic of Gun Violence"
Ending the Epidemic of Gun Violence
Gun ...
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38
votes
How are states supposed to protect themselves when the National Guard is under the federal government?
TL:DR; Some states still do have militias.
Realistically, in the modern era the U.S. states are not expected to require defense from the federal government, nor would such a defense seem possible if ...
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38
votes
Why is the Second Amendment to the US constitution structured differently from all other amendments?
This seems to go back to the various texts that inspired the Bill of Rights. In particular the "Virginia Declaration of Rights" (by Virginia anti-federalist George Mason) This reads:
That a ...
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35
votes
What percentage of mass shootings in the USA are actually stopped by ordinary gun-bearing Americans?
There are several factors that make this a very difficult question to answer definitively.
What exactly is a "mass shooting"?
What exactly does it mean to stop a mass shooting?
How to ...
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32
votes
What is the argument for preventing tyranny that avoids gun violence?
The arguments are really simple:
There are plenty of countries that are democracies that have strict gun control that have not been overtaken by tyranny. In fact all democracies apart from America ...
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27
votes
Accepted
Can the US government outlaw the buying, selling and manufacture of arms?
Keep in mind that prior to District of Columbia v. Heller, 554 US 570 (2008), the Second Amendment to the U.S. Constitution was basically a dead letter with no enforceable effect, in substantial part ...
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24
votes
Accepted
Does the Democratic Party officially support repealing the Second Amendment?
I am not aware of any Democratic Party manifesto advocating for the repeal of second amendment (let along other constitutional provisions).
It is safe to assume most Democrats believe stricter gun-...
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20
votes
Why is the Second Amendment to the US constitution structured differently from all other amendments?
Not sure of the answer to your question but I think that the answer will not alter the overall effect
Legal texts with a preamble before the operative clause (e.g. A being the case, there shall be B) ...
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19
votes
When was the Second Amendment last used to fight against the US government to protect people's freedom?
To address your broader question, I think you, like many, many others, mistake the scope and intent of the Second Amendment. The amendment is not limited to enabling resistance of internal government ...
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19
votes
Why did the Supreme Court decide to disregard the prefatory clause of the 2nd amendment?
Excerpt on the summary from the Wikipedia page on the case:
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. ...
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17
votes
Accepted
Why did the Supreme Court decide to disregard the prefatory clause of the 2nd amendment?
A couple things:
Militia referred to all able-bodied men in the community. As such, "member of militia" and "citizens" were mostly synonymous if you limit citizens to people eligible to vote at ...
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17
votes
When was the Second Amendment last used to fight against the US government to protect people's freedom?
Every day. The second amendment isn't exercised when someone pulls the trigger in an act of rebellion against the government; it's exercised whenever a civilian purchases a firearm. Actually using ...
- 1,313
16
votes
How are states supposed to protect themselves when the National Guard is under the federal government?
Justice of the Supreme Court Paul Stevens:
Congress may authorize members of the National Guard to be ordered to active federal duty for training outside the U. S. without either the consent of a ...
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16
votes
What is the argument for preventing tyranny that avoids gun violence?
How is tyranny avoided in countries with gun control?
People in that country support democracy, and that includes a majority of the generals and soldiers who have the weaponry to overthrow the ...
- 1,950
16
votes
Accepted
What is the argument for preventing tyranny that avoids gun violence?
The Vote
The first and foremost weapon against tyranny is the vote.
The knowledge that abusing power means losing power at the next election will discourage most wannabe tyrants.
But more is needed ...
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13
votes
How are states supposed to protect themselves when the National Guard is under the federal government?
Another relevant example was the "Little Rock crisis" -- see Arkansas National Guard and the integration of Central High School. The timeline as I understand it was:
Some people want to "integrate" ...
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13
votes
Can the US government outlaw the buying, selling and manufacture of arms?
In McDonald v. Chicago, SCOTUS found that state governments could not ban the sale of handguns.
In Heller v. DC, SCOTUS found that the Federal government could not ban the sale of handguns.
Any other ...
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13
votes
What is the argument for preventing tyranny that avoids gun violence?
But other countries with liberal democracies have similar "power to the people" structures. What is maintaining this state? What is preventing small factions from rising up and taking over? ...
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11
votes
Accepted
How do "originalist" interpreters of the constitution cope with the 2nd amendment?
No, even originalists recognize that rights have some limits. Speech is limited in cases of inciting violence, acceptable arms are similarly limited.
This is a false dilemma, the second amendment can ...
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11
votes
U.S. constitution 2nd amendment and state militias
As a matter of history, the answer is of course unknowable.
As a matter of law, the answer is that the Second Amendment was intended to preserve more than just state militias. Instead, it was ...
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11
votes
How are states supposed to protect themselves when the National Guard is under the federal government?
The 'Militia' and the 2nd Amendment
The National Guard is part of the 'militia,' but it is not all of it.
Under current law, the 'militia' of the United States literally includes all able-bodied male ...
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