Why It’s Time to Repeal the Second Amendment
I teach the Constitution for a living. I revere the document when it is used to further social justice and make our country a more inclusive one. I admire the Founders for establishing a representative democracy that has survived for over two centuries.
But sometimes we just have to acknowledge that the Founders and the Constitution are wrong. This is one of those times. We need to say loud and clear: The Second Amendment must be repealed.
As much as we have a culture of reverence for the founding generation, it's important to understand that they got it wrong and got it wrong often. Unfortunately, in many instances, they enshrined those faults in the Constitution. For instance, most people don't know it now, but under the original document, Mitt Romney would be serving as President Obama's vice president right now because he was the runner-up in the last presidential election. That part of the Constitution was fixed by the Twelfth Amendment, which set up the system we currently have of the president and vice president running for office together.
Much more profoundly, the Framers and the Constitution were wildly wrong on race. They enshrined slavery into the Constitution in multiple ways, including taking the extreme step of prohibiting the Constitution from being amended to stop the slave trade in the country's first 20years. They also blatantly wrote racism into the Constitution by counting slaves as only 3/5 of a person for purposes of Congressional representation. It took a bloody civil war to fix these constitutional flaws (and then another 150 years, and counting, to try to fix the societal consequences of them).
There are others flaws that have been fixed (such as about voting and Presidential succession), and still other flaws that have not yet been fixed (such as about equal rights for women and land-based representation in the Senate), but the point is the same there is absolutely nothing permanently sacrosanct about the Founders and the Constitution. They were deeply flawed people, it was and is a flawed document, and when we think about how to make our country a more perfect union, we must operate with those principles in mind.
In the face of yet another mass shooting, now is the time to acknowledge a profound but obvious truth the Second Amendment is wrong for this country and needs to be jettisoned. We can do that through a Constitutional amendment. It's been done before (when the Twenty-First Amendment repealed prohibition in the Eighteenth), and it must be done now.
The Second Amendment needs to be repealed because it is outdated, a threat to liberty and a suicide pact. When the Second Amendment was adopted in 1791, there were no weapons remotely like the AR-15assault rifle and many of the advances of modern weaponry were long from being invented or popularized.
Sure, the Founders knew that the world evolved and that technology changed, but the weapons of today that are easily accessible are vastly different than anything that existed in 1791. When the Second Amendment was written, the Founders didn't have to weigh the risks of one man killing 49and injuring 53 all by himself. Now we do, and the risk-benefit analysis of 1791 is flatly irrelevant to the risk-benefit analysis of today.
Gun-rights advocates like to make this all about liberty, insisting that their freedom to bear arms is of utmost importance and that restricting their freedom would be a violation of basic rights.
But liberty is not a one way street. It also includes the liberty to enjoy a night out with friends, loving who you want to love, dancing how you want to dance, in a club that has historically provided a refuge from the hate and fear that surrounds you. It also includes the liberty to go to and send your kids to kindergarten and first grade so that they can begin to be infused with a love of learning. It includes the liberty to go to a movie, to your religious house of worship, to college, to work, to an abortion clinic, go to a hair salon, to a community center, to the supermarket, to go anywhere and feel that you are free to do to so without having to weigh the risk of being gunned downby someone wielding a weapon that can easily kill you and countless others.
The liberty of some to own guns cannot take precedence over the liberty of everyone to live their lives free from the risk of being easily murdered. It has for too long, and we must now say no more.
Finally, if we take the gun-rights lobby at their word, the Second Amendment is a suicide pact. As they say over and over, the only way to stop a bad guy with a gun is a good guy with a gun. In other words, please the gun manufacturers by arming even the vast majority of Americans who do not own a gun.
Just think of what would have happened in the Orlando night-club Saturday night if there had been many others armed. In a crowded, dark, loud dance club, after the shooter began firing, imagine if others took out their guns and started firing back. Yes, maybe they would have killed the shooter, but how would anyone else have known what exactly was going on? How would it not have devolved into mass confusion and fear followed by a large-scale shootout without anyone knowing who was the good guy with a gun, who was the bad guy with a gun, and who was just caught in the middle? The death toll could have been much higher if more people were armed.
The gun-rights lobby's mantra that more people need guns will lead to an obvious result more people will be killed. We'd be walking down a road in which blood baths are a common occurrence, all because the Second Amendment allows them to be.
At this point, bickering about the niceties of textual interpretation, whether the history of the amendment supports this view or that, and how legislators can solve this problem within the confines of the constitution is useless drivel that will lead to more of the same. We need a mass movement of those who are fed up with the long-dead Founders' view of the world ruling current day politics. A mass movement of those who will stand up and say that our founding document was wrong and needs to be changed. A mass movement of those who will thumb their nose at the NRA, an organization that is nothing more than the political wing of the country's gun manufacturers, and say enough is enough.
The Second Amendment must be repealed, and it is the essence of American democracy to say so.
Watch four pro-gun arguments we're sick of hearing.
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Why It's Time to Repeal the Second Amendment
- Federal Bills Introduced to Safeguard Second Amendment Rights During Government Shutdowns - NSSF | The Firearm Industry Trade Association - November 5th, 2025 [November 5th, 2025]
- Why the political arguments used by conservatives to twist the Second Amendment are a public fraud - Milwaukee Independent - November 5th, 2025 [November 5th, 2025]
- Save the Filibuster Save the Second Amendment - Gun Owners of America - November 5th, 2025 [November 5th, 2025]
- The Supreme Court Is More Interested in Second Amendment Cases Than Ever Before - The Trace - November 3rd, 2025 [November 3rd, 2025]
- SNL Weekend Update: Michael Che Says Government Still Aids Food Insecure Families Through Second Amendment After SNAP Cutoff - Deadline - November 3rd, 2025 [November 3rd, 2025]
- Supreme Court to weigh Second Amendment rights of cannabis users - inlander.com - November 3rd, 2025 [November 3rd, 2025]
- The Popular 3D-Printed Gun Globalizing the Second Amendment - Bloomberg - October 30th, 2025 [October 30th, 2025]
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- A warning to Florida public officials about the new open-carry law - Second Amendment Foundation - October 30th, 2025 [October 30th, 2025]
- Members Newsletter: Will SCOTUS Go Narrow in its New Second Amendment Cases? - The Reload - October 30th, 2025 [October 30th, 2025]
- I just took Everytowns online firearm training course - Second Amendment Foundation - October 28th, 2025 [October 28th, 2025]
- New Hampshire Bill Strengthening Second Amendment Rights on Public Property Advances - The Truth About Guns - October 26th, 2025 [October 26th, 2025]
- An Official Journal Of The NRA | Illegal Drugs and Second Amendment Rights - Americas 1st Freedom - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court Will Weigh Gun Restrictions for Drug Users - The New York Times - October 23rd, 2025 [October 23rd, 2025]
- The Right to Bear Technology: Americas Other Second Amendment - Andreessen Horowitz - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court adds another gun case to the docket, over drug use and the Second Amendment - MSNBC News - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will consider case on Second Amendment rights of drug users - Yahoo - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will decide if 'habitual drug users' lose their gun rights under Second Amendment - The Spokesman-Review - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will consider case on Second Amendment rights of drug users - Fox News - October 21st, 2025 [October 21st, 2025]
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- In yet another move against gun ownership, California Democratic Governor Gavin Newsom recently signed Assembly Bill 1127 into law, triggering... - October 17th, 2025 [October 17th, 2025]
- Across the aisle: shootings, safety and the Second Amendment - The Muhlenberg Weekly - October 15th, 2025 [October 15th, 2025]
- Second Amendment auditors walking roads with rifle and body armor, Fla. cops say - Police1 - October 13th, 2025 [October 13th, 2025]
- The Second Amendment Holds More Weight Than Uncle Dicks Deer Stand - NSSF | The Firearm Industry Trade Association - October 11th, 2025 [October 11th, 2025]
- Supreme Court to hear Hawaii gun law case with Second Amendment implications - Baltimore Sun - October 11th, 2025 [October 11th, 2025]
- Our Next Debate: Would America Be Safer Without the Second Amendment? - The Free Press - October 9th, 2025 [October 9th, 2025]
- Fact Check Team: SCOTUS to hear Hawaii gun law case, potential impact on Second Amendment - The National Desk - October 9th, 2025 [October 9th, 2025]
- Second Amendment auditors walking Florida roads with AR-15 and body armor - Tampa Bay Times - October 9th, 2025 [October 9th, 2025]
- Fact Check Team: SCOTUS to hear Hawaii gun law case, potential impact on Second Amendment - KRCR - October 9th, 2025 [October 9th, 2025]
- Impac Mortgage : Discloses Execution of Second Amendment to Tax Benefits Preservation Rights Agreement and Execution of Amended and Restated Key... - October 9th, 2025 [October 9th, 2025]
- Supreme Court takes Second Amendment case challenging Hawaii gun law - Fox News - October 4th, 2025 [October 4th, 2025]
- Supreme Court takes case that could allow more guns in malls and restaurants - CNN - October 4th, 2025 [October 4th, 2025]
- Justices Take Up Second Amendment Case Over Hawaii's 'Affirmative Consent' Law - Law.com - October 4th, 2025 [October 4th, 2025]
- A different view on Second Amendment rights - thepress.net - October 4th, 2025 [October 4th, 2025]
- Second Amendment Roundup: Removal of Firearm Disabilities - inkl - October 2nd, 2025 [October 2nd, 2025]
- Pursuit Attractions and Hospitality, Inc. Enters into the Second Amendment to the Credit Agreement - MarketScreener - October 2nd, 2025 [October 2nd, 2025]
- Pass the CR, then fight with Truth , and the forgotten part of the second amendment. - Daily Kos - September 30th, 2025 [September 30th, 2025]
- Letters: What the Second Amendment really guarantees - NOLA.com - September 28th, 2025 [September 28th, 2025]
- The Correct Argument for the Second Amendment - The Stanford Review - September 25th, 2025 [September 25th, 2025]
- Letter to the Editor: Protect the Second Amendment - Bemidji Pioneer - September 25th, 2025 [September 25th, 2025]
- Supreme Court should revisit the Second Amendment - Wisconsin State Journal - September 21st, 2025 [September 21st, 2025]
- The Second Amendment Was Created to Put Down Slave Revolts - CounterPunch.org - September 19th, 2025 [September 19th, 2025]
- Charlie Kirks Shocking 2023 Gun Statement Goes VIRAL after Assassination | Defends Second Amendment - Oneindia - September 17th, 2025 [September 17th, 2025]
- Georgia Sheriff Calls Upon Citizens to Exercise Their Second Amendment Rights - Firearms News - September 17th, 2025 [September 17th, 2025]
- The Trump Administration's Half-Baked Plan to Disarm Transgender People Is Legally Bankrupt: Such a Gun Ban Is Not Authorized by Statute or Allowed by... - September 17th, 2025 [September 17th, 2025]
- Budget Committee Approves Ratification Bill on Second Amendment to EC-Bulgaria Financing Agreement under Recovery and Resilience Facility - - September 17th, 2025 [September 17th, 2025]
- Guns of Delusion: Who killed Charlie Kirk? America's Second Amendment obstinacy - The Times of India - September 13th, 2025 [September 13th, 2025]
- Charlie Kirks Murder Illustrates How the Second Amendment Is Swallowing the First - Slate - September 13th, 2025 [September 13th, 2025]
- Vaccines, the Second Amendment, and the Utah Supreme Court - Utah Public Radio - September 13th, 2025 [September 13th, 2025]
- Florida Court Strikes Down Open Carry Ban, Aligning Firearm Laws with Second Amendment - Hoodline - September 13th, 2025 [September 13th, 2025]
- Charlie Kirk's pro-Second Amendment stance revisited after shooting death - Daily Express US - September 13th, 2025 [September 13th, 2025]
- Florida touts big win for Second Amendment after court throws out open carry ban - Washington Examiner - September 13th, 2025 [September 13th, 2025]
- Second Amendment activists in shock as Charlie Kirk shot instead of just schoolchildren - The Beaverton - September 13th, 2025 [September 13th, 2025]
- Fact Check: Charlie Kirk once said some gun deaths 'worth it' in order to have Second Amendment - Yahoo News UK - September 11th, 2025 [September 11th, 2025]
- DeSantis announces 'Second Amendment' tax holiday, renews push for open carry of guns - The Northwest Florida Daily News - September 11th, 2025 [September 11th, 2025]
- Fact Check: Charlie Kirk once said some gun deaths 'worth it' in order to have Second Amendment - Yahoo News Canada - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk once said some gun deaths 'worth it' in order to have Second Amendment - Snopes - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk said "some gun deaths" were an acceptable cost for having Second Amendment gun rights - Daily Kos - September 11th, 2025 [September 11th, 2025]
- Medical Marijuana and the Second Amendment: Eleventh Circuit Revives Second Amendment Challenge to Federal Ban on Gun Ownership for Drug Users - JD... - September 11th, 2025 [September 11th, 2025]
- Charlie Kirks Pro-Gun, Second Amendment Comments Resurface After Fatal Shooting at UVU - Times Now - September 11th, 2025 [September 11th, 2025]
- Reader says protect Second Amendment rights, but reduce access to some firearms - San Antonio Express-News - September 11th, 2025 [September 11th, 2025]
- DeSantis announces 'Second Amendment' tax holiday, renews push for open carry of guns - Lakeland Ledger - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk, shot dead in Utah, once said gun deaths are 'worth it' to save Second Amendment - Firstpost - September 11th, 2025 [September 11th, 2025]
- Florida will have a Second Amendment sales tax holiday. Here's what to know - Pensacola News Journal - September 9th, 2025 [September 9th, 2025]
- DeSantis announces 'Second Amendment' tax holiday, renews push for open carry of guns - yahoo.com - September 9th, 2025 [September 9th, 2025]
- Florida Second Amendment Sales Tax Holiday begins, runs through end of the year - Floridas Voice - September 9th, 2025 [September 9th, 2025]
- Marylands Handgun Roster Board: a rubber stamp or assault on Second Amendment? - Baltimore Sun - September 6th, 2025 [September 6th, 2025]
- Tennessee joins other states on Second Amendment SCOTUS brief - WKRN News 2 - September 6th, 2025 [September 6th, 2025]
- Opinion: Bill 36-0144 Is an Unconstitutional and Racist Attack on the Second Amendment - The Virgin Islands Consortium - September 6th, 2025 [September 6th, 2025]
- Letter to the Editor: Americas Deadliest LoopholeThe Case Against the Second Amendment - Peachtree City Citizen - September 6th, 2025 [September 6th, 2025]
- Congressional Democrats Try to Stop AG Bondi from Restoring Ex-Offenders Second Amendment Rights - Cato Institute - September 5th, 2025 [September 5th, 2025]
- Understanding the Second Amendment commas and all - thepress.net - September 5th, 2025 [September 5th, 2025]
- In Louisiana, gun sales are promoted with Second Amendment tax break - Shreveport Times - September 3rd, 2025 [September 3rd, 2025]
- In Louisiana, gun sales are promoted with Second Amendment tax break - yahoo.com - September 3rd, 2025 [September 3rd, 2025]
- Cabinet Asks Parliament to Ratify Second Amendment to Recovery, Resilience Facility Financing Agreement with EC - - September 3rd, 2025 [September 3rd, 2025]
- Hunters get tax break during Louisianas Second Amendment Sales Tax Holiday Sept. 57 - Unfiltered with Kiran - September 3rd, 2025 [September 3rd, 2025]
- Analysis: The Latest on Weed, Dangerousness, and the Second Amendment [Member Exclusive] - The Reload - September 1st, 2025 [September 1st, 2025]
- Second Amendment Sales Tax Holiday recognized this weekend - WAPT - August 29th, 2025 [August 29th, 2025]
- Mississippis Second Amendment Sales Tax Holiday set for this weekend - supertalk.fm - August 29th, 2025 [August 29th, 2025]
- Minneapolis shooting: Who is Brandon Herrera? Second Amendment activist named in now-deleted video of att - The Times of India - August 29th, 2025 [August 29th, 2025]