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The Second Amendment
The Second Amendment: A Biography | Michael Waldman
16 posts | 5 read | 1 reading | 11 to read
Widely acclaimed at the time of its publication, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldmans book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult menwho were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the twentieth century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun. The present debate picked up in the 1970spart of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of originalism, Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.
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Sophronisba
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It's just so sad.

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Tove_Reads
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After reading about three mass shooting in the States within 24 hours, I wonder if I should read this book. Have to say there are surprisingly many books about gun violence in the 🇺🇸 So many lost their lives, and so many families are in pieces at the moment. ☹️

Riveted_Reader_Melissa Thank you for thinking of us, it‘s very surreal being here sometimes.... seeing glaringly obvious problems, repeatedly, and knowing that no one with the power to do anything about changing them will. 5y
Redwritinghood I think we need to move beyond the constitutional argument and address this as a public health and safety issue. When 9/11 happened, lots of people were willing to compromise on their constitutional rights because they thought they wouldn‘t suffer personally for it. Now the terrorist are home-grown and suddenly they‘re all about the Constitution? Very disingenuous to me. (edited) 5y
Tove_Reads @Redwritinghood Indeed. I guess there is a strong movement now against the whole right to keep and bear arms. Well, both sides really. I think we have second most guns in the world per capita, but very few gun related cases. Most are for hunting though and you need permits to shoot and the you need to do it for some time before you might be allowed to own a gun. You can‘t carry it with you for no reason. 5y
See All 14 Comments
EadieB @Tove_Reads @Redwritinghood @Riveted_Reader_Melissa Guns are not the problem. More needs to be done about the mentally ill. 5y
Redwritinghood @EadieB I‘m not convinced by that argument, although I know it‘s a common one. For example, just yesterday I saw a news story about two men dropping their kids off at school who got in an argument and, because they both had guns, started shooting at each other right outside the school. They are not mentally ill, but because they both had guns a normal social squabble was turned into a deadly situation. These situations also happen a lot in the US. 5y
Riveted_Reader_Melissa @EadieB I have to agree with @Redwritinghood ... every country has mental illness, and we all play the same groups of video games (my brother is all about that excuse), but we are the only country with epidemically high shooting rates. It‘s because it‘s so easy for anyone, mentally ill or not, to get a gun. 5y
Tove_Reads @Riveted_Reader_Melissa @Redwritinghood I agree. We have as many mentally ill people as you do. We have as many guns. We don‘t carry our guns with us the way you do. And, exactly, if you have a gun with you you might use it in the heat of an argument, but you can‘t use it if you‘re not carrying a gun. 5y
EadieB @Tove_reads @riveted_Reader_Melissa @redwritinghood Ban assault weapons and make background checks stricter but banning guns is too late. People will always be able to get illegal guns just like they get illegal drugs. 5y
Redwritinghood @EadieB We are on the same page about changing the laws, then. I also don‘t think banning guns will help, but the other two you mentioned would go a long way to helping. But I‘m not a fan of the “people will do it anyway” argument either. That applies to pretty much all our laws, so I think we need a stronger reason based on public safety to justify those changes you mentioned. 5y
Riveted_Reader_Melissa @EadieB I‘m with you there, I think those two would be a huge help. (edited) 5y
Riveted_Reader_Melissa @Redwritinghood I‘ve had that argument a lot lately, the idea that criminals will do it anyway, may be true, some will, but with a law they can also be arrested & charged. This people break laws, so why bother making them is just so odd to me, by that line of reasoning, why make any laws. Like the example above, yes some people will get illegal drugs anyway, but with a law you can then arrest them & confiscate the drugs for violating the law. 5y
Riveted_Reader_Melissa Although I‘ve also had the argument that if you really think it‘s all mental illness, why aren‘t you fighting hard for universal healthcare with mental health included, which most people don‘t have in the United States. 5y
Redwritinghood @Riveted_Reader_Melissa I feel like the mental illness argument is mainly directed at the mass shooters, but I don‘t even buy it in that case. Clearly these guys have some issues, but they were able to plan a calculated attack for maximum damage and knew exactly what they were doing and that it was wrong both legally and morally. That‘s not mental illness. 5y
Riveted_Reader_Melissa @Redwritinghood I actually read a great piece on that recently, that racism, xenophobia, genocidal actions, etc are not mental illnesses and how conflating the two isn‘t going to solve the problem. Her example was that would be like looking at the Holocaust and calling it a mental illness issue. 5y
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alohabetty
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Interesting look at the evolution of the 2nd amendment from the time of the Framers to today. Very readable for a historical/constitutional law non-fiction piece.

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alohabetty
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alohabetty
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The 18th century is gone. Time to let it go.

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alohabetty
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"Standard Model" meaning pro-2nd Amendment/gun rights advocate position.

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alohabetty

"It would be two decades before the term "gerrymandering" was coined, when Elbridge Gerry drew a congressional district so misshapen it was said to resemble a salamander."

I just learned something new!

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alohabetty
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2008?!

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alohabetty
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From The Second Amendment: A Biography by Michael Waldman. (No room for citation on this little pic)
This is from the *very first page* of the introduction. I think I will enjoy this book quite a lot.

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alohabetty
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New current read.

mauveandrosysky My book about the second amendment would be very short: "Fuck the second amendment. The end." Ha, but seriously, looks like it should be an interesting read! 8y
BookishFeminist @mauveandrosysky I'm right there with you. It's so ambiguous! 8y
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review
AliReads
Pickpick

HIGHLY recommend. Waldman takes originalism, history, and changing jurisprudence and makes it highly readable. He throws in jokes. But most importantly - he makes you ponder some damn important questions about the Second Amendment and what it means and what its limits are.

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AliReads
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Waldman takes no prisoners. Read all the way through.

BookishFeminist This is such a great book 8y
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AliReads

"For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs." - Justice William J. Brennan, Jr.

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AliReads

"The fact is that the Second Amendment is the only one of the ten in the Bill of Rights that has an explanatory clause of any kind. The First Amendment does not say, 'Robust debate being necessary to sound public policy, Congress shall make no law.' We must take the preamble seriously."

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AliReads
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One thing is certain : regulations on guns predate our Constitution and were the norm in the time of the Framers. What's good, Orginalists?

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AliReads
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Sometimes the world picks your next book for you.

BookishFeminist Book minds think alike--I grabbed this from the library yesterday as well as 8y
AliReads @BookishFeminist that also looks really interesting - thanks for the recommendation! 8y
BookishFeminist @AliReads you're welcome! Looking forward to seeing your thoughts on this! 8y
6 likes3 comments