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 We need to say loud and clear: The Second Amendment must be repealed.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
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Yahoo - June 24th, 2026 [June 24th, 2026]
- 'Why would only the Second Amendment right have this litmus test?': Gun law analyst breaks down WA's 83% background check fee hike - MyNorthwest.com - June 24th, 2026 [June 24th, 2026]
- Supreme Court: Law Cited in Hunter Biden Case Violates the Second Amendment - National Review - June 24th, 2026 [June 24th, 2026]
- SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- CCRKBA Hails Unanimous SCOTUS Ruling on Second Amendment - Outdoor Wire - June 24th, 2026 [June 24th, 2026]
- Second Amendment Foundation Fights to Extend Under-21 Handgun Ban Victory Nationwide - USA Carry - June 24th, 2026 [June 24th, 2026]
- Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment - Reason Magazine - June 24th, 2026 [June 24th, 2026]
- SAF THROWS SUPPORT BEHIND FORMER VIRGINIA AG'S ASSAULT WEAPONS BAN CHALLENGE - Second Amendment Foundation - June 17th, 2026 [June 17th, 2026]
- Curtis, Colleagues Introduce Bill to Increase Second Amendment Protections Against Frivolous Lawsuits - Senator John Curtis (.gov) - June 14th, 2026 [June 14th, 2026]
- No Second Amendment Protection for Heroin Trafficker: News Article - Independent Institute - June 14th, 2026 [June 14th, 2026]
- The Second Amendment separates us from Britain - Washington Examiner - June 14th, 2026 [June 14th, 2026]
- Second Amendment fights grow across several states over 3D-printed gun laws - Yahoo - June 12th, 2026 [June 12th, 2026]
- Chaffee County Patriots to Host Town Hall on the Second Amendment - Heart of the Rockies Radio | - June 12th, 2026 [June 12th, 2026]
- Justice Department investigating Philadelphia for possible Second Amendment violations in gun permitting process - CBS News - June 12th, 2026 [June 12th, 2026]
- Patriots to host Second Amendment town hall June 11 - The Mountain Mail - June 12th, 2026 [June 12th, 2026]
- Florida Agrees to Kill Its 3-Day Gun Waiting Period, Concedes It Violates the Second Amendment - USA Carry - June 12th, 2026 [June 12th, 2026]
- The curious case where the Trump Administration is challenging the Second Amendment: All the way to the Supreme Court - Daily Kos - June 12th, 2026 [June 12th, 2026]
- Gun insurance could save lives without infringing on Second Amendment rights | Opinion - PennLive.com - June 7th, 2026 [June 7th, 2026]
- Michael Gates Could Change Everything for Second Amendment Rights in California - California Rifle & Pistol Association - May 31st, 2026 [May 31st, 2026]
- Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Hearing Wrap Up: Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Higgins Opens Hearing on Privacy Protections and the Second Amendment - House.gov - May 17th, 2026 [May 17th, 2026]
- Griffith Statement on Spanberger Support of Anti-Second Amendment Bills - Patriot Publishing LLC - May 17th, 2026 [May 17th, 2026]
- The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Yahoo - May 13th, 2026 [May 13th, 2026]
- How the ACLU Started Defending the Second Amendment - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- ASU grad bridges disciplines and perspectives with his Second Amendment research - ASU News - May 11th, 2026 [May 11th, 2026]
- Do Undocumented Immigrants Have Second Amendment Rights? First Circuit Weighs In - FindLaw - May 11th, 2026 [May 11th, 2026]
- DOJ Sues City of Denver Over Assault Weapons Ban, Calls Local Ordinance a Civil Rights Violation Under Second Amendment - USA Carry - May 11th, 2026 [May 11th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Fox News - May 11th, 2026 [May 11th, 2026]
- Lindsey Graham urges US, Israel to arm Iranian civilians in 'Second Amendment solution' to topple regime - Fox News - May 5th, 2026 [May 5th, 2026]
- Fearing expanding gun rights, anti-gun group creates absurd concealed-carry policy - Second Amendment Foundation - May 5th, 2026 [May 5th, 2026]
- Indianola City Council Holds Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Indianola City Council to Hold Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting Tonight - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Newsmax host on the possibility of state house inspectors coming to his home: "You come to my door, that's what the Second Amendment is for"... - May 1st, 2026 [May 1st, 2026]
- ATF Announces 34 Rulemakings and Final Rules in Sweeping Regulatory Review Under Trump's Second Amendment Executive Order - USA Carry - May 1st, 2026 [May 1st, 2026]
- Eleventh Circuit: Machine guns not protected in Second Amendment - Buckeye Firearms Association - April 29th, 2026 [April 29th, 2026]
- Erich Pratt Testifies Live in Defense of the Second Amendment Before U.S. Senate Committee - Outdoor Wire - April 17th, 2026 [April 17th, 2026]
- Second Amendment Legacy Foundation banquet aims to help kids hit the mark - KTLO - April 17th, 2026 [April 17th, 2026]
- Bitwise files second amendment to Hyperliquid ETF, adds Wintermute and Flowdesk as trading counterparties - The Block - April 17th, 2026 [April 17th, 2026]
- Senate Homeland Security Holds Hearing on Second Amendment - NTD News - April 17th, 2026 [April 17th, 2026]
- 'It is RIDICULOUS!': Thomas Massie tears into anti-Second Amendment lobby in heated Senate hearing - The Economic Times - April 17th, 2026 [April 17th, 2026]
- Defending the Second Amendment - thecarrollnews.com - April 10th, 2026 [April 10th, 2026]
- Trump v. Second Amendment: The Administration Is Trying To Selectively Apply Gun Rights - Yahoo - April 10th, 2026 [April 10th, 2026]
- Trump DOJ Keeps Biden's Ghost Gun Rule in Place, Defying White House's Own Second Amendment Executive Order - USA Carry - April 10th, 2026 [April 10th, 2026]
- Second Amendment groups rip D.C. U.S. Attorney Pirro over hurting gun rights case - Washington Times - April 10th, 2026 [April 10th, 2026]
- 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]