Don’t forget that when an amendment does get ratified, you’ve got to really nail it or else people will still be fighting over the verbiage.
You’d think “keep it simple stupid” would suffice, but look at how we interpret this:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
IANAL, but I see a few things as I read it:
- Militias must be well regulated. I agree.
- Militias are necessary to the security of a free state. Sounds a bit dated but I don’t disagree.
- The right of the people to keep and bear arms shall not be infringed. Ok…so…is that “the right” can’t be infringed, or “the arms” can’t be infringed? Who are the people, and are they separate from the well-regulated militia? Because you can have a right to bear arms, but still limit what arms are available for civilian use. Non civilian use would be either military or para-military, the latter would be a militia, which ipso facto must be well-regulated, and as such there must be restrictions on arms because how are you going to regulate a militia if not its armaments? It’s not well-regulated if it’s a free-for-all. This is law. There are rules.
Should I be able to buy a nuke? An ICBM? A tank? Live grenades? Where is the line drawn? When does it transition from “civilian hunting and defense” to “military fetishism” to “para-military/militia” to “military”. Because it must be somewhere. And I feel like there’s one group of those four that’s really being a stick in the mud over it.
I wouldn’t say it’s completely insane.
It’s a modification of the trolley problem. The “do nothing” path goes downhill and has a hell of a lot more bodies. The switched path still has bodies but at least it’s uphill and you’ll have a chance to slow it down or stop it.