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 We need to say loud and clear: The Second Amendment must be repealed.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
- Trump Must Deliver on the Second Amendment or Republicans Will Pay the Price - txgunrights.org - April 8th, 2026 [April 8th, 2026]
- Ministry of Mines notifies Mineral (Auction) Second Amendment Rules, 2026 for faster operationalisation of mines - News Riveting - April 8th, 2026 [April 8th, 2026]
- State v. Ducker Brief: Defending the Second Amendment Rights of North Carolinians - Cato Institute - April 5th, 2026 [April 5th, 2026]
- Federal Appeal Argues Second Amendment Violated After NYPD Admits Gun Licensing Regime Has No Deadline - PR Newswire - April 5th, 2026 [April 5th, 2026]
- Defending the Second Amendment - New River Valley News - April 5th, 2026 [April 5th, 2026]
- NYC Gun License Applicants Sue NYPD Over Years-Long Delays That Blocked Their Second Amendment Rights - USA Carry - April 5th, 2026 [April 5th, 2026]
- The Citizenship Clause Implicates the Second Amendment: News Article - Independent Institute - April 5th, 2026 [April 5th, 2026]
- DOJ arming with Second Amendment lawyers to take on tranche of state gun control laws - Washington Times - April 3rd, 2026 [April 3rd, 2026]
- Second Amendment 'Auditor' Explains His Goal For Walking Around With Guns - wflaorlando.iheart.com - April 3rd, 2026 [April 3rd, 2026]
- Pvt Univs, Jan Vishwas Second Amendment bills tabled in House - Daily Excelsior - April 3rd, 2026 [April 3rd, 2026]
- Second Amendment Sales Tax Holiday bill misses the mark | CATHERINE DORROUGH - Montgomery Advertiser - March 26th, 2026 [March 26th, 2026]
- LETTER: The Second Amendment is not a partisan issue - Fauquier Times - March 26th, 2026 [March 26th, 2026]
- A Commitment to Protecting the Second Amendment - New River Valley News - March 26th, 2026 [March 26th, 2026]
- WY: The Truth about the Wyoming Second Amendment Protection Act! - Gun Owners of America - March 22nd, 2026 [March 22nd, 2026]
- A look at the Traces very interesting new board members - Second Amendment Foundation - March 22nd, 2026 [March 22nd, 2026]
- Celebrating 250 years: the Second Amendment and Ohios frontier legacy - Buckeye Firearms Association - March 22nd, 2026 [March 22nd, 2026]
- SAF WIN: POST OFFICE CARRY BAN INJUNCTION COVERS CURRENT AND FUTURE MEMBERS - Second Amendment Foundation - March 22nd, 2026 [March 22nd, 2026]
- Second Amendment advocate William Kirk in Quincy with a warning to gun owners - Muddy River News - March 17th, 2026 [March 17th, 2026]
- Gordon vetoes Second Amendment Protection Act changes amid concerns from officers - Gillette News Record - March 13th, 2026 [March 13th, 2026]
- Senate 9 Votes Short Of Reversing Gordons Second Amendment Protection Act Veto - Cowboy State Daily - March 13th, 2026 [March 13th, 2026]
- Pro-life, pro-Second Amendment businessman Doug Harwell hopes to bring Christian, conservative values to SD34 - 1819 News - March 9th, 2026 [March 9th, 2026]
- US v Hemani: Supreme Court Continues to Shoot Self In Foot In Second Amendment Cases - Balls and Strikes - March 7th, 2026 [March 7th, 2026]
- Why These Defensive Uses of Firearms Should Disarm Second Amendment Skeptics - The Heritage Foundation - March 7th, 2026 [March 7th, 2026]
- All Wyoming sheriffs oppose Second Amendment Protection Act bill, saying it would have a chilling effect - Casper Star-Tribune - March 4th, 2026 [March 4th, 2026]
- All Wyoming sheriffs oppose Second Amendment Protection Act bill, alleging it would have a chilling effect - Gillette News Record - March 4th, 2026 [March 4th, 2026]
- Second amendment no longer trampled - Gladwin County Record & Beaverton Clarion - March 4th, 2026 [March 4th, 2026]
- Virginia sheriffs push back on proposed gun restrictions, citing Second Amendment rights - WSET - March 4th, 2026 [March 4th, 2026]
- States Move to Defend Federal GunMailing Ban as Debate Over Second Amendment Intensifies - Delaware LIVE News - March 4th, 2026 [March 4th, 2026]
- SAF FILES PETITION FOR REHEARING IN NEW JERSEY 3D PRINTING LAWSUIT - Second Amendment Foundation - March 4th, 2026 [March 4th, 2026]
- The Supreme Court takes on guns and drugs in its latest Second Amendment hearing - MS NOW - March 4th, 2026 [March 4th, 2026]
- Scinai Signs Second Amendment To Pincell Option Agreement And Submits Revised 12 Million Non-Dilutive Feng Application To Advance Pc111 Through Human... - March 4th, 2026 [March 4th, 2026]
- The Second Amendment, protests and the media - The Brookhaven Courier - February 22nd, 2026 [February 22nd, 2026]
- VA Reverses Longstanding Policy, Restoring Due Process and Second Amendment Rights for Veterans - ashlandcountypictures.com - February 22nd, 2026 [February 22nd, 2026]
- Adamiak remains behind bars, guiltless but ignored by the Trump Administration - Second Amendment Foundation - February 22nd, 2026 [February 22nd, 2026]
- Augusta County reaffirms its stance on the Second Amendment - The News Leader | Staunton, VA - February 22nd, 2026 [February 22nd, 2026]
- News - Governor Rhoden to Sign Bill to Protect Second Amendment Rights - South Dakota State News (.gov) - February 14th, 2026 [February 14th, 2026]
- Gov. Rhoden Signs Bill to Protect Second Amendment Rights - South Dakota State News (.gov) - February 14th, 2026 [February 14th, 2026]
- Council reaffirms Second Amendment sanctuary status after 'a lot of confusion' - Lynchburg News and Advance - February 14th, 2026 [February 14th, 2026]
- Talking About the Second Amendment in Schools Initiative - Guns.com - February 14th, 2026 [February 14th, 2026]
- What Happens When the Second Amendment Collides With Public Safety? - DCReport.org - February 14th, 2026 [February 14th, 2026]
- Trump abolishes the Second Amendment - Salon.com - February 14th, 2026 [February 14th, 2026]
- What Does the Second Amendment Really Mean Today? - NBC Palm Springs - February 7th, 2026 [February 7th, 2026]
- Killing of Alex Pretti shows why we need the Second Amendment - The Desert Sun - February 7th, 2026 [February 7th, 2026]
- Trump DOJ decides the Second Amendment only counts when they have the guns - Boing Boing - February 7th, 2026 [February 7th, 2026]
- Gun rights groups and legal experts question Trump administrations stance on the Second Amendment after shooting - CNN - January 26th, 2026 [January 26th, 2026]
- Co-hosts of 'The View' defend Second Amendment's purpose to protect citizens from their government - Fox News - January 26th, 2026 [January 26th, 2026]
- How the Second Amendment intersects with the latest fatal I.C.E. shooting - CNN - January 26th, 2026 [January 26th, 2026]
- REPLY BRIEF FILED WITH SUPREME COURT IN CONNECTICUT FIREARMS BAN LAWSUIT - Second Amendment Foundation - January 26th, 2026 [January 26th, 2026]
- Georgia organizations weigh in on Second Amendment concerns in response to Minnesota ICE shootings - Yahoo - January 26th, 2026 [January 26th, 2026]
- Republicans, pointing to Alex Prettis gun, do an about-face on the Second Amendment - MS NOW - January 26th, 2026 [January 26th, 2026]
- Insane Claim: Conservatives Call Out DHS Second Amendment Hypocrisy Amid Claims Man Shot and Killed Was - Yahoo - January 26th, 2026 [January 26th, 2026]
- Newsmax guest on Alex Pretti: "The Second Amendment does not come without some responsibility. So shame on that individual for creating the very... - January 26th, 2026 [January 26th, 2026]
- The White Houses latest battle is the Second Amendment - The Independent - January 26th, 2026 [January 26th, 2026]
- Gun Rights Debate Turns Topsy Turvy as Partisans Switch Sides Over Second Amendment Rights Following Killing by ICE in Minneapolis - The New York Sun - January 26th, 2026 [January 26th, 2026]
- The Recap: Trump team suddenly against Second Amendment, plus a path forward for Democrats - Daily Kos - January 26th, 2026 [January 26th, 2026]
- ICE Demonstrates Why We Need the Second Amendment - Reason Magazine - January 24th, 2026 [January 24th, 2026]
- Winner-Take-All Elections Mark A New Chapter In The Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - January 24th, 2026 [January 24th, 2026]
- WaPo: DOJ Looking to Weaken Gun Laws to Appeal to Second Amendment Supporters - Democracy Now! - January 24th, 2026 [January 24th, 2026]
- Opinion | Hawaii Tries to Evade the Second Amendment - The Wall Street Journal - January 24th, 2026 [January 24th, 2026]
- Proposed Second Amendment Reaffirmation bill for potential federal restrictions on firearms - wvnstv.com - January 24th, 2026 [January 24th, 2026]
- EDITORIAL | Assault on Gun Rights : Court should overturn Hawaii's infringement on Second Amendment - texarkanagazette.com - January 24th, 2026 [January 24th, 2026]
- SCOTUS dispatch: An invitation to shop is not an invitation to bring your glockJustices probe second amendment limits on private property open to the... - January 24th, 2026 [January 24th, 2026]
- Second Amendment activists sound alarm over gun control bills in Virginia Legislature - Washington Times - January 14th, 2026 [January 14th, 2026]
- The Second Amendment is Under Siege in Virginia | An Official Journal Of The NRA - Americas 1st Freedom - January 14th, 2026 [January 14th, 2026]
- Pritzker dismisses ex-DC police officer's call for Americans to use Second Amendment rights against ICE - Yahoo - January 11th, 2026 [January 11th, 2026]
- Press Release: Welch and Durbin Criticize Trump's New 'Second Amendment Section' at DOJ - Quiver Quantitative - January 6th, 2026 [January 6th, 2026]
- US appeals court strikes down California's open-carry ban in major Second Amendment ruling - Fox News - January 6th, 2026 [January 6th, 2026]
- SCOTUS To Hear Texas Second Amendment Case - 710 KURV - January 6th, 2026 [January 6th, 2026]
- Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1) - Reason Magazine - January 6th, 2026 [January 6th, 2026]
- Ghost Guns In 2026: Evolving Tech, Legal Battles, And Second Amendment Implications - Dallas Express - January 6th, 2026 [January 6th, 2026]
- Red flags, Second Amendment rights and more: firearms are one of the most common topics for bills in Missouri so far - WGEM - January 2nd, 2026 [January 2nd, 2026]
- Red flags, Second Amendment rights and more: firearms are one of the most common topics for bills in Missouri so far - KFVS12 - December 31st, 2025 [December 31st, 2025]
- Hawaiis Officials Explain Why They Think They Can Overrule the Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - December 31st, 2025 [December 31st, 2025]
- Erika Kirk Shares Why She Still Supports Second Amendment After Charlie Was Shot in the Neck - International Business Times UK - December 31st, 2025 [December 31st, 2025]
- Red flags, Second Amendment, more: firearms one of most common topics for Missouri bills - KCTV - December 31st, 2025 [December 31st, 2025]
- Regarding guns and the Second Amendment [letter] - LancasterOnline - December 22nd, 2025 [December 22nd, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - The Independent - December 22nd, 2025 [December 22nd, 2025]
- DOJ sues U.S. Virgin Islands over lack of gun rights, but theres a catch - Second Amendment Foundation - December 22nd, 2025 [December 22nd, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - AP News - December 18th, 2025 [December 18th, 2025]
- Is 2026 The Year of the Second Amendment? - California Rifle & Pistol Association - December 18th, 2025 [December 18th, 2025]