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Re:Poor writing, not specialized concepts, drives difficulty... by shadowgovt on Monday September 19, 2022 @05:42PM (#32904423)
It's easy to forget that the United States of the ratification of the Constitution is a different United States than the one we live in now. Both the Civil War and the radical reinterpretations of several federal powers during the Great Depression fundamentally changed the nature of federal and state government.

The Second Amemdent's in there because without it, the states wouldn't have been willing to ratify a Constitution that allowed the federal government to take their guns away. After all, they had just won a war against a monarch an ocean away; they weren't about to give their power of defense to an executive half a continent away. Remember, there was no guarantee a Constitution was going to happen at all; quite a few compromises and curveballs in that document are there because every single state had the option of rejecting the whole thing and being their own country. Many Founding Fathers envisioned defense of the US would look like individual states generally handling their own affairs, and a national army only being mobilized in the event of a national threat (however, practically speaking, that didn't come to pass... No sooner was the Constitution ratified than Washington led the Continental Army to force the citizens of western Pennsylvania to pay federal taxes).

Gun regulation was properly recognized as a state authority for most of the country's history prior to the Civil War and varied wildly from state to state, with many being significantly more restrictive than modern law. It's only with the passage of the Fourteenth Amendment (and the Due Process clause, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law") that the Second Amendment ties the hands of state governments in the same way it tied the hands of the federal government. This restriction has been re-interpreted over the decades, but broadly speaking that's how we got from a 1700s Philadelphia that banned gun ownership for some immigrants to the modern interpretation where even tracking who owns a firearm might be considered an abridgment of the right of ownership.

Re:Poor writing, not specialized concepts, drives difficulty... by rayiner on Monday September 19, 2022 @09:55PM (#32906711)
I think that’s actually a coherent view of the 2A. But when you pull on the 14A incorporation thread quite a lot unravels with it. The Establishment Clause, for example, was intended to prevent the federal government from interfering with state established churches, some of which still existed at the time. It actually makes no sense to incorporate that provision against the states.
Re:Poor writing, not specialized concepts, drives difficulty... by shadowgovt on Monday September 19, 2022 @11:13PM (#32907233)
Makes no sense other than we had just fought a war over the concept of states' rights overriding federal protections. Hypothetically, they could have narrowly-tailored the 13th through 15th amendments to end slavery and do little else, I think it is possible that lawmakers of the day came to a rational conclusion that the next time the states challenged federal authority so brazenly, it wouldn't be over slavery but over some other issue of fundamental rights... And if the protections laid out in the Constitution were good enough for people when exposed to law at the federal level, they should be good enough for citizens of the states as well. One certainly can't expect that anyone would have benefited if, hypothetically, Georgia were to dedicate itself to Roman Catholicism and declare all federal laws null and void, replaced by the law from the Vatican (a scenario that could have been possible prior to the 14th).

One advantage the chosen approach has is, in a sense, interpretive simplicity, even though in practice it strips much authority from the states and moves it up to the federal level.