• 6 Posts
  • 43 Comments
Joined 2 years ago
Cake day: July 30th, 2023
  • jordanlund@lemmy.worldtoPolitical Memes@lemmy.world•Are we winning yet?
    2·
    16 hours ago

    There is an argument that the reason the 2nd Amendment exists was to put down slave rebellions, so it goes back to the very start:

    https://www.npr.org/2021/06/02/1002107670/historian-uncovers-the-racist-roots-of-the-2nd-amendment

    “It was in response to the concerns coming out of the Virginia ratification convention for the Constitution, led by Patrick Henry and George Mason, that a militia that was controlled solely by the federal government would not be there to protect the slave owners from an enslaved uprising. And … James Madison crafted that language in order to mollify the concerns coming out of Virginia and the anti-Federalists, that they would still have full control over their state militias — and those militias were used in order to quell slave revolts. … The Second Amendment really provided the cover, the assurances that Patrick Henry and George Mason needed, that the militias would not be controlled by the federal government, but that they would be controlled by the states and at the beck and call of the states to be able to put down these uprisings.”

  • jordanlund@lemmy.worldtoComic Strips@lemmy.world•Stress
    8·
    1 day ago

    One of the best things about the Anarchists Cookbook:

    “You want to smoke pot? Here’s how you get and smoke pot. You want to drop acid? Here’s how to get and drop acid. You want to snort coke? Here’s how you get and snort coke. You want do do heroin? You have to be fucking NUTS to want to do heroin, no, we aren’t telling you that.”

  • jordanlund@lemmy.worldtoPolitical Memes@lemmy.world•Are we winning yet?
    1·
    2 days ago

    The Supreme Court is the arbiter, and while the court CAN overturn itself, as it did with Roe, it takes 50 years and a concerted effort by the Presidents and Senate to change the composition of the Court.

    Since Heller, the Court has only become MORE conservative, not less, so the opinions on gun rights and the 2nd amendment aren’t going to change any time soon.

    We saw it again with Bruen in 2022 where the Court gave the test by which all gun laws should be judged:

    https://supreme.justia.com/cases/federal/us/597/20-843/

    “Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Konigsberg v. State Bar of Cal., 366 U.S. 36, 50, n. 10 (1961).[3]”

    Which does not bode well for California this year when the Supreme Court takes up the ban on AR-15s and magazines with more than 10 rounds.

    https://firearmslaw.duke.edu/2024/11/an-update-on-challenges-to-state-assault-weapon-and-magazine-bans

    Snope vs. Brown will be the next one to watch:

    https://www.scotusblog.com/case-files/cases/snope-v-brown/

  • jordanlund@lemmy.worldtoPolitical Memes@lemmy.world•Are we winning yet?
    2·
    2 days ago

    Nope. Supreme Court.

    D.C. vs. Heller, 2008:

    https://supreme.justia.com/cases/federal/us/554/570/

    “as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.”

    Re-iterated 2 years later because D.C. is a special entity and not a state:

    McDonald vs. City of Chicago:

    https://supreme.justia.com/cases/federal/us/561/742/

    “In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings.”

    Now, both of these are about handguns, so what about OTHER weapons?

    Caetano vs. Massachusetts, 2016:

    This one is particularly fun because it initially didn’t involve guns at all. Woman was scared of her ex and bought a stun gun for protection. State argued that stun guns didn’t exist back then, so the 2nd amendment didn’t apply.

    https://supreme.justia.com/cases/federal/us/577/411/

    “The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”

    So, if it’s a carryable weapon, it’s covered under the 2nd amendment.

  • jordanlund@lemmy.worldtoPolitical Memes@lemmy.world•Are we winning yet?
    7·
    2 days ago

    The reason we can’t ban guns has to do with the 2nd Amendment, it guarantees gun ownership.

    There is a process to change the Constitution, but at this point it’s an impossibility given the political makeup of the country.

    You start by getting 290 votes in the House, which is currently split 218 Republicans, 215 Democrats, 2 vacancies.

    The majority is decided by 218 votes. So to start the Amendment process, you’d need all 215 Democrats (unlikely) and 75 Republicans (who are universally opposed.)

    Assuming you get that, it then goes to the Senate which is split 53 Republicans, 45 Democrats, and 2 Independent. Since everything in the Senate starts with a filibuster, you need 60 votes to break that, and the Democrats are 13 votes shy of that.

    If they managed to get those 13 votes to get past the filibuster, they still need +7 more to pass the Amendment.

    If, by some miracle, all three of those votes happened, then it goes to the states for ratification and you need 38/50 states to approve.

    In 2024, Trump won 31 states, Harris only 19. So you’d need all 19 Harris states (unlikely) plus 19 Trump states (even more unlikely).

    Flip these numbers around and you’ll see why we similarly can’t get amendments on conservative issues.