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The recent effort to find a new meaning for the Second Amendment comes from the failure of appeals to other sources as a warrant for the omnipresence of guns of all types in private hands. Easy access to all these guns is hard to justify in pragmatic terms, as a matter of social policy. Mere common law or statute may yield to common sense and specific cultural needs. That is why the gun advocates appeal, above pragmatism and common sense, to a supposed sacred right enshrined in a document Americans revere. Those advocates love to quote Sanford Levinson, who compares the admitted “social costs” of adhering to gun rights with the social costs of observing the First Amendment. We have to put up with all kinds of bad talk in the name of free talk. So we must put up with our world-record rates of homicide, suicide, and accidental shootings because, whether we like it or not, the Constitution tells us to. Well, it doesn’t. (en) |
