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 We need to say loud and clear: The Second Amendment must be repealed.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
- 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]
- NRA Foundation Affirms the Importance of Second Amendment Philanthropy | An Official Journal Of The NRA - American Hunter - December 18th, 2025 [December 18th, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - Clinton Herald - December 18th, 2025 [December 18th, 2025]
- Press Release: Sen. Ted Cruz Files Amicus Brief Supporting Second Amendment and Interstate Firearm Permit Recognition - Quiver Quantitative - December 18th, 2025 [December 18th, 2025]
- Hudsonville teen moves to dismiss federal machine gun charge, citing Second Amendment protections - WZZM13.com - December 12th, 2025 [December 12th, 2025]
- Real Second Amendment curriculum could be headed to high schools soon - Buckeye Firearms Association - December 12th, 2025 [December 12th, 2025]
- State of Florida agrees in court settlement with Gun Owners of America, Open Carry is unequivocally protected by the Second Amendment - Gun Owners of... - December 12th, 2025 [December 12th, 2025]
- Real Second Amendment curriculum could be headed to high schools soon - Second Amendment Foundation - December 12th, 2025 [December 12th, 2025]
- Miami Elects Mayor with Gun Control Record Raising Public Safety and Second Amendment Concerns - Gun Owners of America - December 12th, 2025 [December 12th, 2025]
- Feds Grant Nearly $1M to Wyoming Law School to Teach the Second Amendment in High Schools - USA Carry - December 12th, 2025 [December 12th, 2025]
- DOJ promises 'a lot more action' on gun rights with new Second Amendment enforcement section - Fox News - December 10th, 2025 [December 10th, 2025]
- Analysis: What to Make of New DOJ Second Amendment Section [Member Exclusive] - The Reload - December 10th, 2025 [December 10th, 2025]
- Second Amendment is not a second-class right: AAG Harmeet Dhillon announces new DOJ unit to enforce gun - Times of India - December 10th, 2025 [December 10th, 2025]
- DOJ to Investigate Costs and Delays of Citizens Second Amendment Rights | An Official Journal Of The NRA - Americas 1st Freedom - December 10th, 2025 [December 10th, 2025]
- Why Erika Kirk supports Second Amendment even after husband's murder - azcentral.com and The Arizona Republic - December 10th, 2025 [December 10th, 2025]
- Erika Kirk still supports the Second Amendment despite her husband Charlies death - The Independent - December 5th, 2025 [December 5th, 2025]
- The DOJ is Adding a Second Amendment Section | An Official Journal Of The NRA - Americas 1st Freedom - December 5th, 2025 [December 5th, 2025]
- The Greatest Second Amendment Victory in a Century | An Official Journal Of The NRA - Americas 1st Freedom - December 5th, 2025 [December 5th, 2025]
- Women for Gun Rights Applauds Creation of New Second Amendment Rights Section - Outdoor Wire - December 5th, 2025 [December 5th, 2025]
- Would America Be Safer Without the Second Amendment? - The Free Press - November 30th, 2025 [November 30th, 2025]
- "Bans Don't Work": Second Amendment Group Responds to Latest Recommendations from Gov. Whitmer's Task Force - WHMI - November 28th, 2025 [November 28th, 2025]
- DOJ to Launch Second Amendment Rights Office on Dec. 4th - USA Carry - November 28th, 2025 [November 28th, 2025]
- GOA & GOF Declare DOJ Brief an Open Attack on the Second Amendment and the Constitution - Gun Owners of America - November 28th, 2025 [November 28th, 2025]
- Gun rights groups hail Trumps pick to lead ATF: First ever truly pro-Second Amendment nominee - New York Post - November 20th, 2025 [November 20th, 2025]
- Turning Point hosts Paige Roux to talk about firearm safety and the Second Amendment - Kentucky Kernel - November 20th, 2025 [November 20th, 2025]
- The Supreme Court is more interested in Second Amendment cases than ever before - Local News 8 - November 20th, 2025 [November 20th, 2025]
- SAF FIGHTS GOVERNMENT EFFORT TO CONTINUE ENFORCING POST OFFICE CARRY BAN - Second Amendment Foundation - November 20th, 2025 [November 20th, 2025]
- SAF FILES MOTION FOR SUMMARY JUDGMENT IN MASSACHUSETTS YOUNG ADULT FIREARMS BAN - Second Amendment Foundation - November 20th, 2025 [November 20th, 2025]
- Second Amendment Legacy Foundation awards $50,000 in youth shooting sports grants - KTLO - November 20th, 2025 [November 20th, 2025]
- Second Amendment not bar to felon in possession indictment - Rhode Island Lawyers Weekly - November 20th, 2025 [November 20th, 2025]
- An Official Journal Of The NRA | This District Courts Treatment of the Second Amendment is Comically Unconstitutional - Americas 1st Freedom - November 18th, 2025 [November 18th, 2025]
- Kennedy secures veterans Second Amendment rights in deal to reopen government, renews call to stop paying Congress during shutdowns -... - November 18th, 2025 [November 18th, 2025]
- 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]
- The Future of the Second Amendment: A Nation Divided, Armed, and at a Crossroads - The Truth About Guns - October 30th, 2025 [October 30th, 2025]
- 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]
- Why an American raised in Rhodesia reveres the Second Amendment - Second Amendment Foundation - October 21st, 2025 [October 21st, 2025]
- 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]