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Second Amendment Isn’t the Answer

The Second Amendment to the Constitution is not the answer. It’s not the answer to the debate we are having about guns and gun control. Conservatives should no longer spend time invoking it.

I’m not really joking.

I think it might be important to note that I am a full supporter of the Second Amendment. Lest you wish mental daggers besiege me, ultimately the best support for reasonably unfettered support of gun ownership is the guaranty the Amendment provides. It will continue to provide that blanket of protection.

But it’s not a great argument.

The ‘Second’ allows Conservatives to make the argument but to actually convince the citizenry of the validity of ownership, simply because the Bill of Rights protects ownership does not mean that it’s selling well to the masses.

If you are unhappy with this idea, don’t blame me. If I were king, not in the Obama sense, I would state that the Bill of Rights ensures it and that would be that.

It’s not up to me.

An argument leaning heavily on the Second Amendment is like telling your kids that Leave it to Beaver is a really funny show. The problem being, the first time they hear the Beav say, ‘Gee Wally, that’s swell.’, they are quickly back on the DVR looking for a Family Guy episode.

For the record, I prefer Leave it to Beaver. I mean, ever pay attention to Ward? The dude was the original smart aleck.

Simply invoking the Second Amendment is not telling our fellow citizens anything. It is the pillar upon which all other arguments rest. It is not, itself, an argument.

First, the argument is not defined as to whether there will be a ban on guns at some level. There won’t be. Columbia v. Heller made sure of that. Any action by congress or the President must overcome that precedent.

The Conservative position needs to effectively stop the debate. Don’t debate a position that’s already been won via the Supreme Court. Yet, I see Conservatives arguing as if this was an underdog argument.

This is largely the the problem with much of the current day Conservative message; we argue as if we are in the losing position.

Remember Nancy Pelosi stating during the Obamacare debate? “We have to pass the bill so you can find out what is in it.” To Conservatives, few weren’t agog at the temerity of the then Speaker shirking any transparency.

Ridiculous as it is, that’s someone who was sure she could win, and did.

Minnesota Vikings Bud Grant once said ‘Act like you meant to be there…’. If our only reply is that the Second Amendment guaranties gun ownership, if we keep telling others that our guns will be ‘pulled from our cold, dead hands’, it reads as an underdog, losing position. In order to pry it from your cold, dead hands, the President and Democrats will have to change the Constitution. Find me a red state Democrat that will even try to vote for such a thing and I will show you a catastrophic re-election issue.

The second rung of a losing argument is the litany of quoted statistics.

That Conservatives understand what is empirically true is important. Prominent Conservatives spend so much time on TV shows touting statistical and anecdotal reasoning that we’ve forgotten one important point; what are we trying to prove and to whom. Playing prevent defense is rarely an effective strategy.

What is the best debate strategy?

Make them prove they’re right. Whether it be Piers Morgan or VP Joe Biden, no matter the feel-good resolution, prove the resolution will be effective. They are proposing the change, why do we have to defend ourselves.

We don’t. We should stop.

When was the last time the party with the upper hand spent time defending itself? Well, Republicans have made an it art but it’s high time we stop.

Where has gun control worked?

Many seemingly reasonable gun control measures (gun registration, tracking and various amnesty programs) are in use in El Salvador. Murder rate in El Salvador? 69 per every 100,000 people. The United States? 4.8.

I know, it’s a statistic and it’s admittedly an apples and oranges argument. It does enumerate, along with Chicago and other gun free locales that gun control does not work.

Why are we trying to prove it? Shouldn’t we simply state, ‘prove it works’. Congress has made enough laws based on a feel good idea. With a constitutional upper hand, we have no need to make this argument.

Further, the Constitutional argument falls on deaf ears. Conservatives have a habit of waving the Bill of Rights at many arguments. It might be the right answer but after a while, it’s a cry wolf argument.

Knowing the Constitution is on our side, we are free to make better arguments or more over, force liberals to prove their point. The basis of the debate must be not whether or not gun ownership is lawful in its current state but why liberals are right to bother with change at all.

Until we do that, it just looks like Conservatives desperate to not lose again…or not acting like we ‘meant to be there’.

Cross posted at the Rightward Journal

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COMMENTS

  • checkmate2012

    I like your way of thinking! Put the onus on those trying to change the law and quit defending not changing the law. I’d add that whatever the 19 EO’s are, we should demand benchmark stats and then the proof of results after the orders are initiated. Nice post!

    • bobmark

      Take it a step farther, if the results show a negligilble or negative effect require that the EO be rescinded. Also include that provision into any laws proposed. Of course this will require, ummm “statistical vigilance” to coin a term. I’m sure we’ve all seen the various breakouts where suicides, accidents etc. are included in the stats used to support a supposed anti-crime feature of gun control proposals.

  • plumely

    I like everything you said. However, while pro gun control legislators can’t take your guns away, they can make it so bloody difficult by creating a maze of redtape that the average American has to go through to get a gun. So, in effect, they kill your 2nd ammendment right by attrition.

  • Viet71

    Counterpoint. One of the weak points of Constitutional legal reasoning is that it causes rights and policies to be confused.

    In the First Amendment arena we are reminded over and again that the free speech clause was meant to create an open marketplace in ideas. That’s useful to know; it’s understandable foundation; it’s good policy. But Amendment I doesn’t say anything about this; it simply says Congress shall make no law abridging freedom of speech. The command of Amendment I is absolute; it doesn’t depend on whether current fashion favors a noisy and raucous marketplace of ideas.

    Same with Amendment II. There’s been and continues to be a lot of debate about the underlying policy of Amendment II. The Heller case says the policy includes the right to self-defense. Well, maybe that’s necessary to make the logical leap that Amendment II confers an individual right to keep and bear arms, as borne out in the McDonald case. But whatever one’s view of the underlying policy of Amendment II, one should not confuse that view with the command of Amendment II. It is an absolute command that government not infringe the right to keep and bear arms; and that right does not waver or vary depending on the nightly news report or what happens in some gun-free venue.

    If conservatives believe in the Constitution, they should assert their (and everyone’s) rights under it; not be coy about the matter.

    • Kyle-MI

      We should be able to walk and chew gum at the same time. Any defense of the Constitution needs to include stating what it says and arguing why it was proposed and why it is still relevant. Sadly, we live in the age of deconstructionism and it’s illegitimate child, the living Constitution. It is not going to work anymore to simply say we shouldn’t do it because that is what the Constitution says. The schools have failed in their responsibility for civics education so it is up to us to fill in the gaps.

  • gunnyg2002

    To answer the question, “what is the best debate strategy?” It is knowing the facts, using logic, and living Conservatism. Never apologizing for who and what we are, and taking the fight to them like they do us.