The Constitution Isn’t A Guidance Document
Via reader Fred, this idiotic missive from a Duke University professor with whom we’ve crossed paths before.
The main problem with relying solely on text, history and tradition, however, is that it doesn’t provide useful guidance for modern-day regulations that respond to modern-day gun violence. The text alone can’t tell you whether a machine gun is an “arm” or whether convicted felons are among “the People” the Second Amendment protects. The 27 words of the amendment are silent on many questions, and history and tradition don’t speak with one voice—there were and are significant regional differences in approaches to gun regulation, as well as divisions between urban and rural areas.
Perhaps in some extreme cases (a total ban on public carry, for example), text, history and tradition would provide relatively clear rules. But for most standard forms of modern gun regulation—restrictive licensing schemes for public carry, for example, or prohibitions on high-capacity magazines or on gun possession by people convicted of domestic violence—all of the work would be done by analogical reasoning. Judges would have to decide for themselves whether certain modern guns or gun laws are relevantly similar to laws from 150 or 200 years ago.
Hey dumbass, the constitution isn’t a guidance document. It’s a covenant, and you break it at your own peril.
