Monthly Archives: February 2018

The Supreme Court Must Ultimately Save Us From Second Amendment Genocide

gunlawsWe are trapped in a nightmarish, escalating civil war in which gun nuts, bolstered by the otherwise sensible people who support them in this national insanity, battle against those who recognize that we can we never hope to acceptably reduce gun violence until gun ownership is dramatically reduced.

Yes legislative action can blunt the damage a bit. We could and should prohibit semi-automatic weapons, as well as deadly ammunition and large capacity magazines. We could and should improve our mental health testing and strengthen background checks. We should stop shielding gun manufacturers from liability. But honestly, even all of these would not do nearly enough. These sort of legislative actions are merely the band aids we apply since we know we have no chance to obtain the life-saving cure we desperately need. In the case of our gun epidemic, that panacea is a radical gun-ectomy to remove all cancerous firearms from private hands.

Some think that repeal of the Second Amendment is a cure. But the reality is that we are so collectively obsessed with guns that we will never repeal our Second Amendment, no matter what the cost in lives. We could parade piles of bullet-ridden corpses down every American street every day and we would still stubbornly insist that no cost is too high to ensure our god-given right to bear arms. And even if we did, removing this right would do nothing affirmative to limit guns. States would only be free to pass their own similar gun-protection amendments.

But I think there is one slim hope that we are not sufficiently considering. That hope is the Supreme Court. The Supreme Court, with the stroke of one landmark decision, could reinterpret the Second Amendment so as to not only open up legislative options but to force legislators to enact them. Keeping a sensibly interpreted Second Amendment in place would be far more valuable than simply repealing it.

To refresh your memory, the Second Amendment states that “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.” This is an extremely vague statement. Our forefathers made much of their writing intentionally vague so that future courts could reinterpret them in the context of their changing times.

Certainly times have changed with respect to guns. Since this amendment was ratified in 1791, guns have obviously grown in destructive power like the growth of a fire-cracker into a nuclear weapon. The population and our proximity to each other have also grown dramatically. The days of hunting as a necessity are long past. And the number of guns, as well as their destructive power, has grown millions of times over.

Yes, I know that just back in 2008 the Supreme Court ruling in Columbia v. Heller tremendously strengthened Second Amendment protections. Although that ruling was actually very narrow, it has been extended to justify the most generous interpretation. It can be argued that this ruling was as indirectly disastrous for sane gun reform as Citizen’s United was for campaign reform.

But the Supreme Court can, should, and does evolve on important, deeply held issues. It seemed that the Supreme Court had spoken clearly against civil rights in Dred Scott v. Standford and Plessy v. Ferguson. But they did eventually do the right thing in Brown v. Board of Education and Loving v. Virginia.

If our system is to work at all, we must not give up on the Supreme Court. We must hope eternal that at least one conservative member, in light of our exponentially deteriorating situation with regard to guns, might be willing to agree to subtle but dramatically consequential changes in our interpretation of the Second Amendment.

For example, the Supreme Court could rule that the phrase “a well regulated militia” is key and that it requires a far more limited distribution of weaponry. They could rule that the definition of “arms” must be far more restricted than our current interpretation. They could rule that “infringement” does not mean anything close to the current carte blanche in place now. They could clarify that their ruling in Heller does not justify extreme gun protections nor does it speak against sensible gun control.

Is this likely? Of course not. Is it possible? It certainly is and the impact of such a ruling could be huge. What we must do is not give up on this avenue even as we simultaneously pursue others. We must find justifications to bring a never-ending stream of cases before the Supreme Court to give them opportunities to put forth a modern, ethical, and rational interpretation of the Second Amendment. We could ask them, for example, to rule whether our current lack of gun control might actually violate our Second Amendment right to a well-regulated militia. We could ask them to rule whether it is consistent with the Second Amendment to allow certain weapons to be available for sport purposes only when provided at an approved facility.

Who knows, there may be a Justice right now who might now be willing to bend on this issue, if only given one more opportunity to make such a ruling. In any case, the reality is that until they do our Second Amendment genocide will continue to worsen.

Reinterpreting, not repealing, the Second Amendment is our best way out of this gun crisis that we have brought upon ourselves. Neither voters nor the repeal of the Second Amendment will force lawmakers to control gun proliferation. Just as with slavery and segregation, only a Supreme Court ruling can both allow and force them to do so.

 

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A Spoonful of Superstition

Anyone who follows my blog or has read my book, Belief in Science and the Science of Belief, well knows that I argue passionately against most forms of belief-based thinking. But I do have to admit that sometimes a teeny tiny bit of false belief is helpful.

I rarely ever steal anything. If I realize that I was given too much change at the market, I’ll invariably drive back to return it. I don’t do the right thing because I’m such a noble upstanding person. I do it because of superstition.

You see somewhere I picked up this deeply ingrained notion that if I keep that money, the universe will somehow take revenge on me. I’ll stub my toe, or get a traffic citation, or spill coffee on my term paper. In some way I’ll pay tenfold for my dishonesty.

Of course that’s silly. I know that’s silly. Something bad will happen eventually, and when it does I will falsely ascribe the cause to be my earlier bad behavior. But nevertheless, the feeling of wanting to avoid this bad karma is so powerful that it still compels me to do the right thing.

Perhaps this belief in karma is just something learned from popular culture, but I rather suspect that our species carries the hardwired seed of this idea which gets reinforced by false associations acquired during ones lifetime. It makes evolutionary sense to me that such an assumption is a helpful genetic trait. Within social structures, what goes around does in fact often come back around.

Our innate fear of karmic payback is almost certainly a component of what we perceive as our nagging conscience.

karma

Here’s the danger in this. It leads many people down the rabbit hole into religion-land. If we believe in a little auto-karma, why not an almighty god who personally ensures payback? If a little karmic fear is good, then the fear of eternal damnation is even better. If our sense of personal karma is hardwired, then so is our belief in god!

But one essential principle you learn in toxicology class is that everything that is beneficial at low doses becomes toxic at higher doses. A little superstition may have some positive benefits. But a full-blown belief in god requires a level of superstition and a perversion of logical thinking that is so extreme as to be dangerously toxic. This level of belief is so debilitating to our logical faculties that it can compromise our ability to think rationally about critical issues like climate change.

So feel free to embrace a healthy sense of karma like you do a magic show, with a full and complete understanding that it’s not real. But don’t let that indulgence lead you down the treacherously slippery slope into religion.