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David McElroy

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If principles of First Amendment still apply, principles of Second do, too

By David McElroy · January 29, 2013

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The Second Amendment wasn’t written to protect hunters. It also wasn’t written just to protect the rights of people to defend their own property from thieves. It was written to make it clear that individuals had the right to own weapons to defend themselves against tyrannical governments.

For too many years, supporters of gun rights allowed the lobbyists of the National Rifle Association to define the arguments of the pro-gun side. As a result, many people are fixated on the historically inaccurate view that the Second Amendment is all about hunters and individual protection. Instead, that amendment is far more radical than the NRA was willing to state.

The Second Amendment was written by people who were very serious about the notion that “whenever any Form of Government becomes destructive of [individual liberty], it is the Right of the People to alter or to abolish it….” The Second Amendment was written by people who had just finished fighting a revolution. It was intended as a guarantee that future Americans would have the ability to fight against a future government that had grown too powerful.

People on the Progressive left tell us that the Second Amendment wasn’t written for today. They say the amendment was written for a day in which weapons were far less powerful. For instance, CNN’s Piers Morgan recently tweeted, “The 2nd amendment was devised with muskets in mind, not high-powered handguns & assault rifles. Fact.” Let’s look briefly at his claim and its implications.

At the time the Second Amendment was written, muskets were the weapons used by individuals and by the government. There wasn’t any difference in the weapons the two could deploy. There wasn’t some high-powered musket technology that the government retained for its exclusive use. The people were on equal footing if it came time to revolt.

Today, government has exotic weaponry that individuals aren’t allowed to own, even if they could afford it. Try to buy a functioning tank or fighter jet if you don’t believe me. We’re supposed to trust them, not the other way around. Starting in the 1930s, it became almost impossible for individuals to own automatic weapons — commonly called machine guns — although governments can deploy them in any way they choose. Overall, it’s made it more and more difficult for individuals to compete with tyrannical government if they need to revolt.

Soldier firing musketThe other issue that many people are overlooking is that they’re being inconsistent. Those who hate right guns and are eager to find a narrow reading of the Second Amendment love to take the most broad interpretation possible for the First Amendment.  They tell us that the Second Amendment wasn’t written with modern technology in mind, but have they stopped to consider that the First Amendment wasn’t written with modern technology in mind, either?

The First Amendment refers to freedom of speech and of the press, among other things. Through various court decisions, that has been expanded far beyond the narrow text. Nobody says that government can stop television and Internet journalists from telling the truth simply because their technology is far more powerful than any press that was dreamed of when the words were written. We understand “speech” to be pretty much any personal expression. For instance, most of the porn that’s available today is covered by freedom of speech, even when there are no words involved.

The First Amendment wasn’t written with modern technology in mind, but we understand that the principles are what matter. We look to the intent of the people who wrote it and we understand that they intended to recognize the rights of individuals to have the maximum freedom to express themselves. We need to bring the same principles to bear on the reading of the Second Amendment.

You can’t have it both ways. If you’re going to pretend that a constitution can limit a government, then you have to stick to what the text says and what it was understood to mean. Be consistent. Be intellectually honest. The First Amendment recognizes the freedom of individuals to express themselves in pretty much any way they want. The Second Amendment recognizes the freedom of individuals to have weapons that would allow them to revolt against their government.

If you’re still trying to live in the framework of the U.S. Constitution — because you believe that “limited government” is possible — be consistent in how you look at the freedoms of individuals. At least try. Or at least pretend to try.

One-size-fits-allAnd then when you finally figure out that there’s no such thing as limited government, let’s talk about how to go beyond the “one size fits all” system of today and set up something so that we can all pick our own rules. Those who’d like to live where nobody owns weapons are welcome to do so. Those who’d like to live where everyone is armed to the teeth is also welcome to do so. We need a system that recognizes the rights of people to do their own thing instead of being forced to obey rules handed down from above.

Nobody has the right to make up one set of rules and force them on all of us. Until enough people finally reach that conclusion — and quit trying to force everyone to agree with them — we’re going to be stuck with people who are selective in which freedoms they like and how intellectually honest they’re willing to be.

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Some of you might be aware that my dog Lucy died o Some of you might be aware that my dog Lucy died of cancer last weekend. As I’ve been grieving the loss of this beautiful and loving girl, I put together a one-minute compilation of short videos of Lucy from her first two or three weeks with me in early 2016. She was several years old at the time, but living with me provided her first stable home. She was unsure of herself at first, but she quickly developed confidence as she discovered how much she was loved. #dog #dogs #dogstagram #dogsofinstagram #cute #cutedog #pets #petstagram #petsofinstagram #instadog #ilovedogs #birmingham #alabama
Tonight’s moon is apparently something called a be Tonight’s moon is apparently something called a beaver supermoon. I noticed as I was getting home from work that it was a bright yellowish-orange, so I snapped this a couple of miles from home. It’s not a great photo, but I was pretty happy with it for an iPhone shot on the side of the road. #nature #naturephotography #sky #colorful #clouds #sunset #birmingham #alabama #iphone17pro
I’m heartbroken to tell you that I lost Lucy early I’m heartbroken to tell you that I lost Lucy early Sunday morning. The World’s Happiest Dog lived with me for 10 years, but I can’t say for sure how old she was when she came to live with me. I’ve written a brief article on my website about Lucy and what she meant to me, which you’ll find as the most recent article at davidmcelroy.org if you would be interested. (There’s a clickable link on my profile.) Like every good dog, she was “the goodest dog.” I love her dearly and I’m going to miss her fiercely. #dog #dogs #dogstagram #dogsofinstagram #cute #cutedog #pets #petstagram #petsofinstagram #instadog #ilovedogs #birmingham #alabama
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This was the view on my left this evening as I dro This was the view on my left this evening as I drove home from work. This was on I-459 near the Cahaba River bridge. (I didn’t have my “real” camera in the car, so this is an iPhone photo.) #nature #naturephotography #sky #colorful #clouds #sunset #birmingham #alabama
I have always accepted as obvious the fact that yo I have always accepted as obvious the fact that you couldn’t take a halfway decent photo of the moon with a smartphone. (I don’t count the cheat that Samsung uses in some models to artificially create bits that don’t exist in the optical image.) But a friend shot a picture of the moon with her new iPhone 17 night or two ago, I so snapped one frame as I got out of the car just now. The resolution and detail aren’t great, but this is better than I expected. #nature #naturephotography #sky #moon #birmingham #alabama #iphone17pro
I hope this rainbow over I-459 on my way home is a I hope this rainbow over I-459 on my way home is a good omen for the weekend. 😃
I’m very happy to report that my promotion to star I’m very happy to report that my promotion to starship captain has finally come through, so I’ll be leaving Earth and heading to the stars very soon — just as soon as Starfleet has some uniforms in stock that fit chubby guys like me. Anybody else want to sign up and leave the planet with me. 🖖🏻#startrek
Here’s the sunset that caught my attention on my d Here’s the sunset that caught my attention on my drive home just a few minutes ago. #nature #naturephotography #sky #colorful #clouds #sunset #birmingham #alabama
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From the CritterCam: Just after 2 a.m., Alex is st From the CritterCam: Just after 2 a.m., Alex is still looking around in the dark — just in case any more mice dare to invade his kingdom. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #tabby #tabbycat #instacat #ilovecats #birmingham #alabama
Alex is slowly going to sleep just before midnight Alex is slowly going to sleep just before midnight as he lies on his back — with his paws up in the air — as he relaxes on my arm. He’s been purring the whole time. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #tabby #tabbycat #instacat #ilovecats #birmingham #alabama
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As I left the house for the afternoon, Oliver was As I left the house for the afternoon, Oliver was busy in an office window keeping track of something in the air outside the house. Of course, if there’s any real danger, they’ll all just hide. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #instacat #ilovecats #birmingham #alabama
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Sam has joined Alex on the bed late Sunday night a Sam has joined Alex on the bed late Sunday night and Oliver is in the blue chair, so they’re not leaving much room for me in the bedroom. They don’t see that as an issue, of course. #cat #cats #catstagram #catsofinstagram #cute #cutecat #blackcat #blackcats #pets #petstagram #petsofinstagram #instacat #ilovecats #birmingham #alabama
Our house has been in grave danger this afternoon Our house has been in grave danger this afternoon because an unknown black cat has been stalking the neighborhood. Fortunately for us, Alex is on duty to keep us alerted to developments in this disturbing case. #cat #cats #catstagram #catsofinstagram #cute #cutecat #pets #petstagram #petsofinstagram #tabby #tabbycat #instacat #ilovecats #birmingham #alabama
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If you have problems with high blood pressure, I’d like to encourage you to consider making serious changes to your diet. There might be some people who don’t have any choice but to start taking prescription medications for high blood pressure, but I’d like to tell you that I have completely eliminated my issue by eliminating all sugar and almost all carbohydrates. (A couple of months ago, my blood pressure hit 185/144, which was dangerously high — considered stage 3 hypertension.) By completely changing my eating habits, I’m down 22 pounds and my blood pressure is now in the “ideal” range — without taking any medication. In addition, I sleep better and I have more energy. Getting away from the sugar-laden mess that we generally refer to as “highly processed food” has been a life-changer for me. Now my challenge is to avoid slipping back into old habits — by eating in the dangerous ways that almost everyone in our society has come to see as normal.

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The late Steve Jobs was at the center of our culture’s transition from analog to digital. He co-founded Apple Computer. He led the team that revolutionized personal computing with the first Macintosh. As CEO of Apple, he led the development of the iPhone and later the iPad. You would think the children of such a man would be surrounded by technology. But Jobs and his wife Laureen didn’t let their children use iPads. Their home had few screens of any kind. Even though Jobs spent most of his time developing and selling Macs and iPhones and iPads, he was home with his wife and children for dinner when he was in town. The family ate together at a simple wooden table in their kitchen — and there were no digital devices or focus on popular culture. Instead, he’s said to have guided his family toward deep discussions of art, philosophy and education — with no iPads to be found. If the man who guided the development of such products chose a different path for his own children, does that suggest that his digital experience taught him that children need human connection, not screens? And does it suggest the possibility that we might be better off if we made the same choice for our families?

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