I don't want to end up wrapped around the second amendment, because that way lies madness. But there's an interesting take on it, You’re wrong about Second Amendment rights
by Gene Yoon (archive
), so I'm noting it here for my own use. His idea in brief is that it protects the "right of rebellion", that gunz are only incidental and in the present day irrelevant, and that nowadays it should be interpreted as protecting encryption and stuff. It is a nice idea, and new to me, but sufficiently obvious that I'm sure it is part of the std scholarship. But IMO it has no chance of getting past the courts, so is only useful for philosophical and legal debate.
* Gunz: constitutionalism and majoritarianism
With so many well , unregulated , militias afoot ,the second amendment seems but a precocious embodiment of the Precautionaty Principle
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