That’s what you’re thinking, isn’t it? After you read my amendment proposal, you thought I misunderstood what I was supposed to read. You’re saying, “His friend clearly suggested the supreme court case involving Heller, then he goes and tracks down Joseph Heller’s classic Catch-22. Moron.”
Trouble is, I have read Catch-22, but, in fact, I have also read the opinions behind the latest second amendment decision of our highest court. And yes, I still maintain that my proposed amendment is both the solution to the issue and at the same time draws out the actual issue that has been raised by the school shootings of the recent past.
I previously wrote that I believe the school shootings raise the issue of whether the atom bombs dropped in WWII have fundamentally and irrevocably altered life. In other words, I believe it is time to fully address that life is not the same as it was before the bombs. The Law now wrangles a different sort of chaos. (One easy example that comes to mind is how jumping on an atom bomb does nothing for our friends–unlike stepping in front of a bullet or jumping on a grenade etc. Even Christ’s, “Greater love hath no man than this, that a man lay down his life for his friends,” must needs be seen in new light.)
Another way I could have put my belief, perhaps an easier to understand way, is that since officially ending WWII we have not declared war according to our law–the U.S. Constitution–and I wonder, “Is this because we believe we are forevermore in time of war?”
In my thought experiment wherein I’m pretending to interpret the ratified then challenged Amendment XXVIII’s language of, “In time of peace, arms shall no longer be secured by the people,” I see that the most difficult part to interpret, and the most essential, is the “in time of peace.” I believe we would find that when the founders used the phrase in the third amendment, they meant there was distinction between time of war and time of peace.
I look around and conclude, “No. No we don’t. We do not believe in the distinction.” And by my thinking, no distinction means we believe that we are in time of war.
But I’m a veteran. Not just any veteran, a veteran officer. My oath is lifelong, regardless the source of my income. So I can’t help but see war, no different than hammers can’t help but see objects to strike. But you? You’re not a veteran.
What do you see? What do you believe?
Rise and shine, Marchers! Have your dainty feet had time to heal? Must’ve been an excruciatingly tiresome week, what with such a physically demanding event last weekend. The sacrifice! You probably forgot to carbo load ahead of time, too. Darn it all! There’s always next time. When is it? I hear the next walkout is April 20th? Shh, come closer. Did you hear that that is Hitler’s birthday, too? Hopefully people won’t think you’re celebrating, ughh. Oh, how many steps did you log? That’ll help with your HSA incentives. (Yes, the jogging in place counts.) The celebratory ice cream probably went down with less guilt, didn’t it? I mean, you really made a difference, don’t you think? I feel safer, that’s for sure. And it’s all because of you.
From within the clouds at the top of Sinai, then, seeking clearance for a full-stop landing, having read in full and considered the District of Columbia v. Heller, 554 U.S. 570 (2008), and borrowing some language from the repealed Amendment XVIII, I offer this revision for consideration.
Article I – After one year from the ratification of this article, in time of peace, arms shall no longer be secured by the people.
Article II – The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.
Article III – This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
My question is, “Do you understand how I can competently reason that the first article of my proposed amendment does not contravene the second amendment (especially as it was interpreted in the Court’s most recent opinion on the amendment as indicated in the Heller opinion)?”
(I’m not interested in whether you agree with it or think it would ever be ratified. I’m interested in holding a conversation which assumes the amendment’s ratification, and subsequent challenge, and then we’re SCOTUS justices. You know, thought experiment style.)
Additionally, regarding late Justice Scalia–I do not think he would turn in his grave. My amendment in no way indicates that the right which is not to be infringed in the second amendment is “linked to or conditioned by serving in a militia.” What have I said that makes you draw that connection?